Competition

Making the most of opportunities. Being in control of the case. Experiencing specialists as partners. Benefit from unique expertise.

For further information about our Competition practice Dr Christian Karbaum is at your disposal at any time.

Merger Control | FDI

Our antitrust team provides comprehensive advice to companies as parties or third parties in transactions, in particular in merger control proceedings of the German Federal Cartel Office and the European Commission, in investment control proceedings before the BMWK as well as in proceedings of the European Commission on subsidy control under the Foreign Subsidies Regulation.

Through our worldwide network of leading law firms, we also coordinate merger control notifications and investment control notifications in third countries for our clients. Most recently, we have advised the following clients, for example:

  • Scania AB: merger control proceedings before the European Commission and in third countries for a joint venture with Sennder
  • Franz Haniel & Cie. GmbH: merger control proceedings, e.g. before the European Commission regarding the creation of a joint venture between CWS and Rentokil Initial for the acquisition of Rentokil Initial's continental European business and regularly in the event of portfolio changes
  • United Internet on global merger control, e.g. most recently on the public takeover bid for Tele Columbus AG submitted jointly with Morgan Stanley
  • United Internet on the acquisition of mobile communications provider Drillisch AG, hosting specialist Strato AG or on the creation of a joint affiliate marketing network with Axel Springer (AWIN AG)
  • Clearlake Capital Group on various transactions in the software sector
  • Representation of Deutsche Telekom AG in merger control proceedings concerning the merger of Vodafone and Unitymedia before the European Commission and in challenging the clearance decision before the European Court of Justice
  • A leading U.S. medical device company in the acquisition of a developer and manufacturer of neurovascular products
  • Spirax-Sarco Engineering plc as lead counsel in the acquisition of the Gestra business from the US group Flowserve Corporation
  • Representation of a soft drink manufacturer in the acquisition of bottling sites
  • Representation of numerous other companies and PE investors, such as Arsenal Capital Group, EMH Partners, Intermediate Capital Group, Investor AB, Oakley Capital, Tenneco, Torqx Capital Partners, Towerbrook Capital Partners or ZF Friedrichshafen in transnational merger controls
  • Representation of a fuel supplier in third-party complaint proceedings

 

Cartel Investigations

Our firm represents numerous companies and members of management in cartel fine proceedings of the German Federal Cartel Office and the European Commission.

We assist companies in the search situation, advise on the strategic decision whether to file a leniency application and develop a defense strategy together with our clients. Through our network of international law firms, we also coordinate leniency applications on a worldwide basis.

Recently, GLADE MICHEL WIRTZ has been active in the following completed proceedings, among others:

Food retail, meat and sausage products, confectionery, coffee, mills, industrial chemicals, railway technology, mining technology, silo mortar, polyurethane foam, plastic packaging for food, power transformers, drugstore articles, concrete pipes, paving stones, automatic doors, industrial insurance, luxury cosmetics, sanitary ware, heat shielding sheets or steel.

 

Abuse Proceedings

We also represent our clients in investigations regarding the abuse of a dominant market position before the European Commission and the Federal Cartel Office.

We also represent our clients in proceedings concerning abuse of a dominant market position before the European Commission and the German Federal Cartel Office.

If companies have a certain market power, they are affected by behavioral restrictions to which other market participants are not subject. As a result, their purchasing and sales strategies, as well as their contracts, prices and discounts, must comply with special requirements, in particular the prohibition of discrimination and obstruction.

We therefore support clients with strong market positions in exploiting existing leeway and observing the requirements of the prohibition of abuse in their daily business. Conversely, companies can be affected by abusive conduct on the part of third parties. In this respect, we advise our clients on how to assert their interests against strong market players in negotiations and, if necessary, by filing complaints with the antitrust authorities.

Recent mandates in this area have concerned, for example, the automotive, wind power, energy services, online sales, players' agents or the licensing of standard-essential patents.

 

Digital Antitrust

We also represent our clients in proceedings concerning abuse of a dominant market position before the European Commission and the German Federal Cartel Office.

If companies have a certain market power, they are affected by behavioral restrictions to which other market participants are not subject. As a result, their purchasing and sales strategies, as well as their contracts, prices and discounts, must comply with special requirements, in particular the prohibition of discrimination and obstruction.

We therefore support clients with strong market positions in exploiting existing leeway and observing the requirements of the prohibition of abuse in their daily business. Conversely, companies can be affected by abusive conduct on the part of third parties. In this respect, we advise our clients on how to assert their interests against strong market players in negotiations and, if necessary, by filing complaints with the antitrust authorities.

Recent mandates in this area have concerned, for example, the automotive, wind power, energy services, online sales, players' agents or the licensing of standard-essential patents.

Drafting of contractual agreements & setting-up distribution systems

We advise our clients on the design of distribution systems and contracts in compliance with antitrust law. Our advice covers all competition aspects arising from agreements between competitors, with suppliers, distributors or customers.

One focus of our work is the development of distribution and rebate systems. Although antitrust law sets limits to the distribution efforts of companies, e.g. with regard to retail pricing, online distribution or exclusivity, it also opens up considerable scope. We therefore advise our clients on how to implement their distribution strategies in compliance with antitrust law and how to achieve their goals.

Our clients in this area include well-known branded goods manufacturers as well as DAX 40 companies in the pharmaceutical and consumer goods industries, with whom we develop and introduce new distribution systems or whose online distribution we reorganize.

Cooperations between competitors

Cooperation with competitors, for example in research and development, Cooperation with competitors, e.g. in research and development, production or purchasing, or as part of sustainability initiatives, has potential.

However, close contact between competitors on strategic future issues entails risks under antitrust law. We therefore advise our clients in all phases of a possible cooperation, i.e. from the initiation and planning, through the examination and negotiation, to the monitoring of the implementation of a cooperation, so that antitrust law leeway is exhausted and antitrust law violations are prevented.

Our clients in this area include, for example, leading industrial and technology groups, trading companies or even groups of affiliated companies, which we advise on cooperations in joint purchasing, joint research and development, technology licensing, joint production, the joint achievement of sustainability goals, colleague deliveries, etc., so that opportunities can be realized without risks.

 

Litigation & Cartel damages

One of our main areas of expertise in the field of competition is antitrust litigation.

We represent clients in challenging administrative and administrative fine decisions, e.g. in merger control cases of the German Federal Cartel Office and the European Commission. In civil law, we are particularly active in defending and asserting cartel damages claims (follow-on damages) as well as in the context of enforcing claims against market-dominant companies.

For further details, please refer to the Litigation section.

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Compliance

We advise our clients in specific occasions (for example, following the discovery of a violation of antitrust law) and preventively in the development, structuring, implementation and support of compliance management systems.

An important component of our preventive advice is the definition of appropriate prevention processes and the preparation of risk-adjusted compliance documentation, which documents measures to mitigate compliance risks and also contains antitrust guidelines for employees. Our advisory service includes trainings (in person or electronically) for executives and other employees active in risk areas.

Compliance for associations is also an important part of our work, because association work involves increased antitrust risks both for the associations and their members. We therefore provide ongoing advice to associations and members of associations on compliance issues and with regard to meetings in order to ensure conduct in compliance with antitrust law.

For further details, please refer to the Compliance section.

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