Antitrust law – or to be more precise: the law against restraints of competition - has many different aspects. This is demonstrated by the choice of the relevant legal system. In Germany the Restriction of Competition Act (Gesetz gegen Wettbewerbsbeschränkungen) regulates all matters concerning antitrust law. But the European regulations also play a significant part and partially even replace national laws. On the European level, next to the regulations of the Treaty on the Functioning of the European Union (TFEU) an extensive secondary legislation exists, that encompasses more than a hundred pages. Baker Tilly will advise you regarding all the different aspects of the law against restraints of competition.
Cooperation between competitors may easily be inconsistent with Art. 101 Abs. 1 TFEU. Baker Tilly offers extensive compliance and provides the permitted limits of cooperation. Is a purchasing group allowed to establish a fixed subscription price? If yes, are there any additional limits? Without a sound investigation regarding antitrust law and an organization/design pursuant to antitrust law cooperation like that may be unlawful and in the worst case even cause claims for damages and fines.
Follow up on claims
Anyone whose rights have been infringed by cartels may make a claim for damages. If the respective antitrust/competition authority detects an unlawful cooperation according to antitrust law, private people may issue liability claims against cartels. Ecometrical assessments are needed to determine the amount of damages. We may issue these for you, have the legal know-how and may file lawsuits.
Supply agreements are nowadays subject to many regulations of antitrust law. We will guide you safely through the jungle of regulations and help you organize pursuant to antitrust law.
License agreements concerning intellectual property rights should be phrased carefully. There is a tension between intellectual property and the antitrust-system anyway, because these rights establish a partial monopoly. We shall balance the regulations and limits for you.
Abuse of a dominant market position
How do you determine a dominant market position? How do you limit the relevant market? Is a certain behavior regarded as abuse of a dominant market position? Good to have reliable answers for these questions.
Nearly no merger processes are made without merger control. A transaction has to be designed in a way that the merger control is harmless for you. Therefore not only an anticipatory design is needed, but also extensive testing. The relevant legal system may be the laws of the European Union or may be comprised of many different national legal systems, e.g. if the merger crosses borders.
By the way: Baker Tilly is not only practically involved in antitrust law, but with our consistent publications also academically.
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