Competition/Antitrust

A major focus of our practice is the planning and implementation of merger control procedures – whether in Germany, the European Union, or elsewhere in the world. To ensure that transactions are brought to a successful conclusion, we negotiate constructively and effectively, devising practical and creative solutions with a keen eye for legal, economic, and political developments. When arranging and coordinating filings in multiple jurisdictions, we look into the notification obligations mandated by antitrust legislation and conduct the necessary procedures with the help of our global network of law firms.

Gleiss Lutz enjoys an outstanding reputation for defending clients in fine proceedings and we have been closely involved with nearly all the respective major German and European cases in recent years. Our involvement in the first two settlement proceedings in European antitrust law was pioneering work that recommends us for future proceedings 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. We also help clients develop cross-border defence strategies, and prepare and file any necessary leniency applications. Furthermore, Gleiss Lutz has a wealth of experience in appealing fine decisions in court, frequently representing clients at national and European level – including in many landmark cases before the German Supreme Court and the European Court of Justice.

We have been involved in the development of private enforcement, particularly in Germany, from the very beginning, and have in the process built up extensive experience in this relatively young field of law. Our integrated teams of lawyers provide cross-border 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. We regularly work, whenever it is necessary, with some of the most renowned economists in the field.

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 employees to be mindful of antitrust issues. In the event of breaches of duty by management, we can advise extensively on D&O insurance coverage.
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We have special expertise in advising on the conclusion of horizontal agreements with competitors and of vertical agreements with suppliers or customers. In keeping with “self-assessment” as defined by law, we ensure that our clients achieve their commercial objectives in a manner that conforms with antitrust law. Our lawyers have longstanding experience in dealing with contracts in the areas of distribution, R&D, specialisation, licensing, and joint ventures. Furthermore, our familiarity with the particular issues that arise in the respective industries means that our advice is highly appreciated in the automotive, chemicals, healthcare, engineering, media, food, pharmaceuticals, raw materials, commodities, and insurance sectors.

Whether in the context of multiple merger filings, international cartel investigations, or damages actions with a US dimension, we provide advice to our clients anywhere in the world. Close ties with leading antitrust practices across the world allows 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.