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Antitrust/Competition

A globally integrated practice

Our German Competition group is integral to Allen & Overy’s U.S.-European Antitrust group and offers German and international clients expert advice in European and German antitrust law, plus representation before the EU Commission and the German Bundeskartellamt. 

We act in some of the most high profile antitrust cases and have developed a sound and practical understanding of how the European Commission works. We have good relationships with officials at all levels in Brussels, Germany and in all the jurisdictions where we practise antitrust law. You benefit from our experience of working at the cutting edge of antitrust policy.

Our focus

We regularly represent clients in antitrust proceedings and investigations, judiciary review of agency decisions and civil damage claims in Germany, all other European jurisdictions, the U.S. and worldwide, including:

  • German and EU merger control proceedings; multiple filings in cross-border transactions with the relevant merger control authorities; judiciary review of agency decisions;
    behavioural matters, including German and European cartel and other investigations as well as abuse of dominance cases;
  • private enforcement litigation (Germany being one of two preferred jurisdictions in Europe, next to the UK);
  • EU state aid and EU and German public procurement matters.

We advise clients on the antitrust compliance of their business

  • structuring co-operation agreements and joint ventures, distribution systems, license and other agreements
  • designing and conducting tailor-made compliance training and audits, setting up and reviewing full compliance management programs. 

Strategy advice

The right antitrust strategy can have a major impact on commercial negotiations and in some cases, is critical to the success of a deal. In view of the now typical follow-on damage suits, choosing the right strategy in behavioural investigations will determine the company's risk exposure and for publicly quoted stock corporations, the board's liability. A proactive antitrust strategy via third-party complaints and court actions may allow a company to stop competitors, suppliers or customers infringing its market position. In some cases this may even be required under corporate law (capital protection measures).

Clients often ask us to oversee an antitrust strategy internationally. 

News and insights

law building

Publications: 11 October 2022

New draft 11th Amendment to the German Competition Act

The German Federal Ministry of Economics and Climate Action (BMWK) has proposed a small, but almost revolutionary 11th amendment of the German Act Against Restraints of Competition. It is expected to…

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People in room

Publications: 21 September 2022

Clean Teams in M&A Transactions

As antitrust authorities’ appetite to investigate and enforce procedural merger control rules, including those on information exchange between competitors in the context of M&A transactions, continues…

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Skyscrapers against a blue and sunny sky

Publications: 29 September 2021

EU General Court backs European Commission’s tough stance on merger control “gun jumping”

The General Court has largely upheld the European Commission’s decision to fine Altice a record amount for breaching procedural merger control rules in relation to its acquisition of PT Portugal. The…

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railways

Publications: 06 May 2021

German Federal Supreme Court allows 15% lump sum damages clauses in private follow on damages actions

In a recent judgement, the German Federal Supreme Court indicated that lump sum damages clauses in private follow on damages actions of up 15% are permissible. The decision is a clear example of…

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Related campaigns

Magnified view of fibre optic cables

Global cartel enforcement report 2020

Antitrust authorities around the world continued to focus on tackling national and international cartels in 2019, with many jurisdictions showing an appreciable upturn in the level of fines compared to those imposed in 2018.

Recognition