European competition law made in Germany

We provide comprehensive advice to parties in transactions or third parties involved in merger control proceedings before the German Federal Cartel Office and the European Commission. Our services often start with an initial risk assessment and strategic advice in advance of the transaction. Our transaction services cover the entire due diligence process, including guidance on exchanging information and setting up clean teams, the preparation of merger control notifications and compliance following the closing. Our international network of partner law firms enables us to coordinate complex multi-jurisdictional merger control proceedings.

We advise and defend companies in German and European cartel investigations. Our services include support in the event of dawn raids at companies by the antitrust authorities, developing defence strategies, including the submission of leniency applications to the German Federal Cartel Office and the European Commission, as well as the coordination of such applications on a European and international level. We support and defend individuals in cartel investigations by the German Federal Cartel Office.

Our services in connection with abuse of market dominance issues under German and European law include the determination of a company’s market position as well as the examining and advising on unilateral sales strategies (especially complex rebate schemes), supply management, industry-specific sales strategies, licensing models and discrimination issues. We act before the German Federal Cartel Office and the European Commission on behalf of both dominant companies and claimants. We also represent our clients in non-forensic enforcement of, or defence against, claims based on abuse of market dominance.

Distribution and contract related competition law issues
Our team is especially well known for its focus on distribution and contract related competition law issues. Our services include especially the creation, examination and (re)structuring of distribution systems such as franchising, selective distribution, online distribution, commission and agency models. We also advise on license strategies and contracts relating to technology transfer as well as on complex joint ventures and other cooperation agreements between competitors, e.g. in the area of research & development, specialization, purchasing and marketing.

We represent clients in legal proceedings on competition related damages actions, especially follow-on claims, before German and European courts. We act on behalf of plaintiffs as well as defendants and regularly cooperate with recognized competition economists in order to determine the amount of potential damage.

Our range of experience also includes the successful negotiation of many out-of-court settlements, for plaintiffs as well as defendants.

We support our clients in all aspects of competition litigation. This includes defending against fines imposed by the German Federal Cartel Office before the Court of Appeals in Dusseldorf and the Federal Supreme Court of Justice as well as representing clients in appeals to the European courts against fines imposed by the European Commission. We also act for clients in complaints filed against prohibiting decisions in merger control proceedings and in proceedings initiated by third parties when transactions are approved. We represent clients in proceedings involving the enforceability of contractual restrictions, especially in distribution and license contracts, and we defend clients when they are accused of competition related misconduct, such as in cases involving refusal to supply.

Our team has a broad range of experience in all aspects of competition compliance. Our services include conducting internal investigations (audits) in order to determine the company’s position and to disclose any violations as well as the advice on the creation, implementation and improvement of compliance programmes. We regularly conduct training sessions for employees, legal departments and compliance officers (train-the-trainer) and support and advise companies and trade associations in sensitive meetings and discussions between competitors, in order to avoid competition violations.

Our international network
Commeo stands for competent advice covering the entire spectrum of German and European competition law – in Germany, in Europe and worldwide. Due to our existing contacts and well-proven cooperation with leading competition law experts in almost all jurisdictions of the world, we are in a position to offer advice in transnational competition matters and ensure seamless coordination. This includes, for example, assisting in multi-jurisdictional merger control or cartel proceedings, reviewing pan-European distribution agreements, advising in proceedings involving abuse in license or patent disputes and implementing global compliance structures.