Competition/Antitrust

Merger Control

A major focus of our practice is the planning and implementation of merger control proceedings – in Germany, the European Union, and around the world.

We are constructive and effective negotiators, and will make sure your transaction is brought to a successful conclusion. We develop practical, creative solutions that incorporate legal, financial, and political considerations. And for filings in multiple jurisdictions, we review what notification obligations need to be complied with – for example, under merger control, investment control, and subsidy law – and coordinate the necessary proceedings in cooperation with firms from our international network.

Cartel Investigations

Gleiss Lutz enjoys an outstanding reputation for defending clients in cartel investigations and has played an instrumental role in nearly all major German and European cases in recent years. Our work in the first settlement proceedings in European antitrust law was groundbreaking and serves as a ringing endorsement for future casework in this area.

As part of an international network, we are able to assist our clients swiftly and effectively in all legal jurisdictions, for example in cases in which multiple cartel authorities conduct coordinated searches in several countries. Gleiss Lutz helps clients develop cross-border defence strategies, and prepare and file any necessary leniency applications. Furthermore we have a wealth of experience in appealing decisions imposing fines, frequently representing clients in court at national and European level and, in our role as litigators, have been or are involved in many of their major decisions.

Damages Actions (Follow-on Actions)

In Europe, in particular, we have been involved in the development of private enforcement – a relatively new field of the law – from the very beginning, building up extensive experience in the process. The representation of defendants in test cases such as ORWI, grey cement and firefighting vehicles underscores our pioneer status.

Our integrated teams of lawyers that include our antitrust and dispute resolution experts provide support and advice that addresses the legal issues specific to EU member states, the US, and other major jurisdictions. Here, our services include defending against and the out-of-court settlement of damages claims, as well as advising on claims between the cartel members themselves. We regularly work with some of the most renowned economists in the field.

Compliance

We develop and implement tailored compliance programmes for companies to help them avoid falling foul of the cartel authorities and to minimise the risk of fines. We also conduct preventive antitrust audits and organise seminars as well as customised online workshops to train staff and heighten their awareness of antitrust issues.

In the event of breaches of duty by management, we can advise extensively on D&O insurance coverage. Here, our clients benefit from our interdisciplinary compliance team: As a full service law firm, we effectively combine the specialist knowledge of lawyers from different disciplines, such as antitrust, criminal, employment, data protection, procurement and corporate law.

E-Learning Antitrust

Gleiss Lutz’s Antitrust Essentials e-learning course will give you a basic understanding of antitrust law compliance. We explain in a clear manner how and where antitrust risks may be present in everyday business situations and provide tips on how to prevent violations.

• Concise and easy-to-understand presentation of the basics in 25 minutes
• Includes a final test
• Test link for interested companies can be provided
• Tool requires a learning management system
• Also available in German, other language versions can be prepared on request

Should you have any questions or need further information, please don’t hesitate to contact us at e-learning@gleisslutz.com.

Horizontal and vertical agreements

We advise on horizontal agreements with competitors and vertical agreements with suppliers, distributors or customers. By preparing a state-of-the-art “self-assessment” as required by law, we ensure that our clients achieve their commercial objectives while fully complying with antitrust law.

Our lawyers have longstanding experience in dealing with distribution, R&D, specialisation, licensing and joint venture contracts, to name but a few. What’s more, our industry-specific know-how means our advice is highly appreciated in the automotive, banking, chemicals, e-commerce, energy, healthcare, engineering, media, food, pharmaceuticals, raw materials, commodities and insurance sectors.

Global Reach

We provide integrated specialist advice to our clients anywhere in the world – be it on multiple merger filings, international cartel investigations, or damages actions with worldwide implications.

Close ties with leading antitrust practices around the world allow us to draw from a flexible and proven international network. This enables us to put together hand-picked, multi-jurisdictional teams tailored to our clients’ needs.