Baker Tilly’s experienced team in the field of antitrust law provides you with competent advice on all legal issues relating to antitrust law and helps you avoid pitfalls.

 

In the context of general merger control in connection with M&A transactions, we assist you in reviewing and filing various corporate transactions in Germany and abroad with the German Federal Cartel Office or the European Commission. In addition, we monitor dealings with competitors and cooperation in associations, keeping a particular eye on the avoidance of an inadmissible exchange of information.

We also master the increasing importance of e-commerce issues by designing and structuring distribution systems and contracts. At the same time, we explore existing scopes for action for you.

Our services in the field of Antitrust Law

Merger control and M&A

  • Examination of the obligation to file corporate transactions (corporate acquisitions and joint ventures) in various countries
  • Drafting of clean team and black box agreements, antitrust due diligence
  • Filing of mergers with the German Federal Cartel Office or the European Commission
  • Negotiation of ancillary provisions for clearance decisions
  • Avoidance of violations of the enforcement prohibition (“gun jumping”)
  • Coordination of other law firms in cross-border transactions (“multijurisdictional filings”)

Cooperations

  • Permissible conduct in dealings with competitors and cooperation in associations, in particular avoidance of an impermissible exchange of information
  • Examination and structuring of cooperation projects such as buying syndicates and sales groups
  • Examination of the permissibility of cooperation in joint ventures and bidding consortiums 
  • Drafting of research and development agreements

Distribution Antitrust

  • Design and structuring of distribution systems and contracts, in particular taking into account the increasing importance of e-commerce
  • Monitoring of price and condition systems to avoid prohibited resale price maintenance (“RPM”)
  • Drafting of selective distribution agreements and licensing agreements in line with competition requirements

Abuse control/discrimination ban

  • Examination of whether a dominant position exists on individual markets
  • Advice on and analysis of whether the special conduct requirements for market-dominant companies are complied with, for example, in the design of bonus and discount systems
  • Examination of supply claims

Administrative and fine proceedings

  • Filing of motions under the Leniency Notice
  • Representation before national and European antitrust authorities and courts

Legal disputes

  • Legal challenge of antitrust authorities’ decisions before German and European courts
  • Representation in legal disputes with an antitrust background (e.g., termination of distribution agreements, assertion of claims for supply or injunctive relief or the invalidity of non-competition clauses)
  • Representation in antitrust damages actions 

Antitrust Compliance

  • Identification and examination of risk potentials, also through internal investigations (preventive and reactive)
  • Implementation of employee training
  • Development of guidelines and instructions for action
  • Search training

An overview of all Baker Tilly services related to compliance is available here ››

 

Dr. Stefan Meßmer
Attorney-at-Law (Rechtsanwalt)
Partner

Baker Tilly International Legal Network

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