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Antitrust Law

Companies are not free to act at will when they engage in competition. German and European antitrust laws prohibit agreements between undertakings, decisions by associations of undertakings and concerted practices to restrain competition. Companies with a dominant market position may not abuse their power. Mergers and acquisitions of undertakings and joint ventures may require approval by antitrust authorities. Antitrust law permits exceptions in the case of vertical distribution systems.  In addition, companies must comply with the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb = UWG) which, amongst other things, prohibits misleading advertising.

The specialists at TCI Rechtsanwälte for Antitrust Law are

Ruth Dünisch

Attorney admitted to practice in Germany

TCI Rechtsanwälte München

Dr. Thomas Stögmüller, LL.M. (Berkeley)

Attorney admitted to practice in Germany, certified specialist  for information technology law

TCI Rechtsanwälte München
  • We advise companies within the scope of the statutory self-assessment procedure under antitrust law
  • We assess vertical distribution agreements and distribution systems (e.g. franchise, distribution and agency agreements) for restrictions under antitrust regulations such as fixing purchase or selling prices or any other trading conditions or sharing markets or sources of supply
  • We advise on active and passive online sales
  • We review advertising, marketing campaigns and press releases for compliance with competition law
  • We assess the legality of collaborations and market information processes under antitrust law
  • We examine and enforce supply claims against market leaders/monopolies
  • We draft and send Warning notices and temporary injunctions against competitors for unfair competition such as unlawful comparative advertising, misleading claims or calls for boycotts
  • We advise on niche areas of antitrust law, particularly for telecommunications companies
  • We give Notification of mergers to the German Federal Cartel Office (Bundeskartellamt)
  • We represent companies in antitrust matters and merger control proceedings before antitrust courts and the antitrust senate of the German Federal Court of Justice (BGH)
  • Practiced advisors with many years of experience in all aspects of horizontal and vertical antitrust law
  • Long-standing senior position of a partner of TCI Rechtsanwälte in the German Franchise Association
  • Direct contact with reporting officers of the ruling departments of the German Federal Cartel Office
  • Network of associated law firms in other European countries, the United States and Canada in cases of international relevance
  • Review advertising, marketing materials and press releases for compliance with competition law
  • Draft antitrust statements and legal opinions within the scope of  the statutory self-assessment procedure under antitrust law
  • Conduct antitrust compliance trainings
  • Provide antitrust advice to corporate collaborations and joint ventures
  • Assess antitrust aspects of new business and distribution concepts and franchise agreements
  • Conduct exploratory meetings with the German Federal Cartel Office
  • Submit merger control notifications
  • Act as counsel in litigation of involved companies or competitors in competition law disputes, merger control proceedings and antitrust abuse proceedings
  • Advisors to a globally active software provider concerning the modeling of its two-tier sales channel
  • Numerous assessments of the lawfulness of franchise and distribution agreements under antitrust law
  • Antitrust evaluation of the sharing of information between competitors
  • Representation of a telecommunications company in court proceedings to assert a supply claim against a market-leader
  • Representation of a target company in merger control proceedings before a Superior Court and the antitrust division of the German Federal Court of Justice (BGH)
  • Representation of a company before the antitrust division of the BGH concerning the question of whether the acquisition of a license is subject to merger control notification
  • Drafting and submission of merger control notifications to the German Federal Cartel Office
  • Antitrust law opinion concerning a planned merger between two globally operating software companies