Antitrust Law

The number of antitrust violation prosecution by the authorities has skyrocketed to new levels. The European Commission and the German Federal Cartel Office (Bundeskartellamt) have imposed new record fines on cartel members, demonstrating how serious they are about ensuring fair competition. In order to maintain a market equilibrium, mergers are constantly under the microscope.

Experienced in all aspects of antitrust law

Companies, associations and public institutions turn to Orth Kluth for all questions relating to antitrust law. We develop antitrust compliance programmes for our clients and provide them with advice on possible antitrust pitfalls when drafting contracts. We also represent their interests in antitrust fine proceedings and support them in asserting antitrust claims.

We examine mergers with regard to their obligation to be notified, as well as the chances of their clearance under antitrust law. In close cooperation between M&A lawyers and antitrust lawyers, we accompany our clients through all phases of a merger control. In international proceedings, we involve partners from a network of cooperating law firms at an early stage in order to offer you seamless advice across borders.

Focus on merger control
Advising on all preliminary aspects of merger control law in M&A transactions; drafting notification strategies; assisting in the preparation of market studies to examine the feasibility of mergers under merger control law; assisting in merger control proceedings before the German Federal Cartel Office and the European Commission; coordinating international merger control notifications with foreign partner law firms.

Focus on claim enforcement and defence
Assertion and defence of claims for damages arising from antitrust violations; assertion and defence of antitrust supply and injunction claims; coordination of international claim assertions with foreign partner law firms.

Focus on contractual antitrust law
Examination and drafting of supply agreements, licence agreements or research and development agreements with regard to the scope and restrictions of antitrust law; cooperation agreements (e.g. purchase, production and sales consortia).

Focus on antitrust fine proceedings
Defence of the company and personally affected parties in fine proceedings; examination of the possibilities of using leniency programmes; coordination of international defence with foreign partner law firms.

Focus on compliance
Preparation, optimisation and updating of antitrust compliance programmes for companies and organisations; employee and management training; preparation of training material.