Competition and antitrust law is an interdisciplinary field that has a diverse impact on companies. The antitrust authorities enforce the basic rules safeguarding free competition with drastic sanctions. We assist companies in preventing breaches of competition and antitrust investigations, and asserting or averting claims for damages. If fines are imposed, the question of tax deductibility arises.
In M&A transactions, our competition-law experts conduct the necessary merger-control proceedings before the German Cartel Office and the EU Commission. In such transactions, we keep track of the antitrust risks in the due-diligence report, non-compete covenants and side agreements; here we negotiate, for example, M&A agreements, taking antitrust requirements into account.
The drafting of operational contracts can also have an impact on antitrust issues, meaning that we also support our clients here. This applies primarily to strong market players, which are bound by particular rules of conduct vis-à-vis customers and competitors.
Our Areas of Advice at a Glance:
- Merger analysis and merger notification to the European Commission and the German Federal Cartel Office; coordination of merger control procedures in third countries
- Contract drafting and antitrust due diligence
- Reviewing and drafting of agreements in purchasing, distribution, R&D, production and technology transfer/standardization
- Advice on, and structuring of, business relationships of dominant undertakings in light of the prohibition of abusive conduct
- Antitrust compliance
- Representation and defense in antitrust proceedings; assistance with sector inquiries
- Antitrust litigation and arbitration
- Review of state-aid and public-procurement issues, especially in M&A transactions