Comprehensive advice on situations relating to anti-trust law is becoming increasingly important and is therefore a major specialisation at MKRG. Our partners and legal advisors support domestic and international clients ranging in scale from startups, mid-sized enterprises to corporate groups and major associations on all issues relating to domestic and European anti-trust law. In particular, these services cover proceedings relating to fines imposed under anti-trust law and proceedings against companies abusing their market dominance, together with issues of merger control. We also regularly represent our clients in relation to the cartel authorities and courts in Germany and within the European Union as a whole.
In M&A transactions and the establishment of joint ventures, in particular, dealing with anti-trust issues is of major importance. In cooperation with the specialists in our Company Law and M&A department we ensure that individual projects comply with all regulations regarding anti-trust law by providing close support during the entire M&A process – from due diligence via merger control filing right across to the implementation of condition precedents in the sale and purchase agreement in order to ensure approval of the transaction by the cartel authorities.
Prohibition of cartels
We advise and support companies and individuals in proceedings relating to fines and compensation, both in legal proceedings involving the cartel authorities or European courts and in out-of-court situations. It is our objective to protect you and your commercial interests to the best possible extent, to defend claims against companies and their operating bodies, and to exclude the risk of conflict with the authorities.
On the basis of individual client requirements we solve all issues involved in drafting contracts to ensure compliance with anti-trust legislation. Such aspects cover, for example, special sales and discounting systems, the structuring of purchasing and sales cooperations or joint R&D projects with competitors.
Prohibition of anti-competitive practices
Under certain circumstances companies dominating their market may be subject to additional anti-trust requirements relating to their business conduct. We advise you and your company on all issues which can arise in this context, such as the drafting of contracts to meet anti-trust regulations and the assertion or defence of supply claims as well as claims for injunctive relief and compensation.
Advice on compliance
In order to avoid or remedy any business conduct which breaches anti-trust legislation, we develop in-house compliance programmes together with you and implement it within your company. In addition, the experts in our Compliance and International Investigations department will also support you in reducing the potential risk exposure involved in possible earlier anti-trust breaches by any company which has been acquired.
- Advice on proceedings relating to anti-trust fines and compensation
- Advice on drafting contracts to comply with anti-trust regulations
- Representation vis-à-vis domestic and European cartel authorities and courts
- Anti-trust advice in relation to due-diligence processes
- Support in terms of anti-trust legislation for M&A transactions and the establishment of joint ventures
- Advice on all aspects of merger control
- Advice and representation on anti-competitive proceedings against market-dominating companies
- Advice on the assertion or defence of supply claims as well as claims for injunctive relief and compensation
- Representation in out-of-court proceedings
- Advice in relation to the interface between anti-trust law and compliance
- Advice on the establishment of mid-sized cartels within the meaning of § 3 of the Act against Restraints of Competition (GWB)
- Anti-trust law
- Competition law
- Company law
- Compliance and internal investigations