Antitrust & Competition

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We advise on the full range of antitrust matters in relation to M&A transactions, including cooperation and joint venture agreements. We handle merger control proceedings before the German Federal Cartel Office and the European Commission, and we coordinate filings in jurisdictions worldwide. Our close collaboration and global network of specialised partner firms ensures efficient and legally sound implementation.

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Digital distribution channels, platform economy and e-commerce have fundamentally changed the rules of the game in sales and distribution. Price fixing, platform bans, territorial restrictions and exclusive distribution clauses are a key focus of the German Federal Cartel Office and other competition authorities. For companies, compliance with competition law is indispensable.

We support businesses in designing legally sound distribution agreements, develop digital and platform-based distribution models, and ensure clear structures for pricing, selective distribution and channel requirements. We provide solutions that are functional, digital and future-proof.

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We advise companies with significant market power on the development of competition-compliant market strategies, as well as on designing competition-compliant pricing and rebate systems. We act for clients in investigations by competition authorities both in abuse of dominance investigations and in relation to complaints against abusive behaviour of third parties and cover all aspects of such investigations, substantive and procedural.

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We help to strategically navigate the consequences of cartel infringements , including defence before competition authorities, leniency applications to the German Federal Cartel Office and the European Commission, and internal investigations within the company. We also act for clients in investigations by the authorities and in court.

International cartel arrangements are often investigated by several international competition authorities in parallel. It is therefore important that companies that are being investigated adopt a coordinated approach towards the various investigating bodies. Our close cooperation with specialised partner firms ensures a globally coordinated and consistent approach.

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We work with you to develop bespoke compliance systems for your business. This may include training for your employees in order to prevent antitrust infringements from the outset and identify risk areas at an early stage, or, if an infringement does occur, to respond appropriately. We cover all areas of antitrust compliance, notably, the do’s and don’ts of interacting with competitors, suppliers and customers; proper conduct during searches by competition authorities; and rules for association activities, industry meetings and benchmarking projects.

Our focus on regulatory and competition law positions us strongly to advise on complex constellations spanning several regulatory domains, such as potential public procurement issues or allegations of corruption arising in connection with an antitrust infringement. Our goal is to achieve clear processes, structures that are legally sound and a robust compliance culture within your business.

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The German Federal Cartel Office, the European Commission and other competition authorities regularly conduct sector inquiries if they believe that competition in a certain sector may be restricted. For example, the European Commission has analysed the e-commerce and Internet of Things sectors, while the German Federal Cartel Office has examined refineries and fuel trading, charging infrastructure for electric vehicles and scoring in online shopping.

These inquiries can be costly and time consuming for companies in the affected markets as they are required to participate and contribute. We support you at every stage of such inquiries, advise you on your legal obligations, and help you to shape a robust strategic approach.

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Actions for antitrust damages expose companies to complex legal and economic challenges. We craft a clear strategy to help you pursue or defend against such claims.

We cover both stand-alone actions and follow-on proceedings arising from regulatory decisions. We represent our clients in court and in settlement negotiations – domestically and internationally – and develop a comprehensive global litigation strategy for parallel proceedings that takes account of all relevant internal and external considerations.

We also advise on enforcing claims under the Digital Markets Act (DMA). As civil actions based on DMA infringements become increasingly prevalent, we ensure your interests are robustly represented.

Leveraging our global network of specialised partner firms, we deliver a seamlessly coordinated approach.

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The Foreign Subsidies Regulation (FSR) entered into force in 2023. It grants the European Commission broad powers to address distortions of competition caused by subsidies from countries outside the EU (see Foreign Subsidies Regulation: Anything to declare? | BLOMSTEIN).

We handle FSR-related transaction notifications and review proceedings with the European Commission, drawing on our extensive merger control and EU State aid experience.