Gleiss Lutz has successfully represented Radio Marketing Service GmbH & Co. KG (RMS) in a landmark case before the Higher Regional Court of Hamburg.
After RMS lost the first instance proceedings, a team of Gleiss Lutz lawyers led by Dr. Moritz Holm-Hadulla took on the case, representing RMS before the court of appeal. The action of Lokal-Radio Cottbus GmbH and Brandenburger Lokalradios GmbH, two local radio station operators, against RMS et al. to be included in RMS’ combined marketing was dismissed on all points in the appeal proceedings. In its ruling the court made it clear that the list of criteria applied in deciding whether to include radio stations in marketing cannot be challenged and that RMS, as the leading marketing company in the industry, has leeway in tailoring its offers.
RMS Radio Marketing Service is Germany’s leading marketer of air time marketing for private radio stations. RMS’ marketing services span the entire audio spectrum: advertising time and formats of 169 private radio stations as well as over 1100 online audio streams and mobile apps.
The following Gleiss Lutz team advised RMS: Dr. Moritz Holm-Hadulla (partner, lead), Dr. Christoph Stock, Vanessa Gehle (all media/antitrust, Stuttgart), Dr. Luidger Röckrath (counsel), Dr. Simon Fischer (both dispute resolution, Munich).
Gleiss Lutz partner Moritz Holm-Hadulla regularly advises leading media industry companies on antitrust issues, for example ProSiebenSat.1 in antitrust-related civil law disputes against RTL2, MTV and Tele5, pay TV channel Sky in administrative proceedings before the Federal Cartel Office in connection with the tender for the UEFA Champions League broadcasting rights or ProSiebenSat.1 and RTL on the establishment of netID, a log-in alliance with United Internet.
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