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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 & insights

Automotive parts

News: 06 NOVEMBER 2019

Allen & Overy advises Kendrion on acquiring INTORQ

Allen & Overy has advised Kendrion N.V. (Kendrion), headquartered in Zeist (Netherlands) on acquiring INTORQ GmbH & Co. KG (INTORQ), a German manufacturer of brakes and clutches.

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Publications: 27 JUNE 2019

French cannabis committee unveils recommendations for medical cannabis pilot programme in France

Yesterday, the French specialised committee on cannabis (CSST), which was established in mid-2018, held its last meeting and presented its final recommendations for the implementation of a medical cannabis pilot programme to the French National Agency for Medicines and Health Products Safety (ANSM).

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Publications: 20 JUNE 2019

Italy launches urgent tender for the supply of 400 kg of medical cannabis: New opportunities for cannabis producers

For the second time, the Italian Ministry of Defence has launched an open tender for an urgent need of cannabis for therapeutic purposes by the Florence Pharmaceutical Chemical Plant. The estimated reference price of the tender is EUR 1,520,000 (net of VAT) for 400 kg, which represents an average of EUR 3.8 per gram. This tender represents a great opportunity for foreign investors to enter the Italian medical cannabis market, which was the second largest European medical cannabis market in 2018. Compliance with EU Good Manufacturing Practice (GMP) and Good Agricultural and Collection Practices (GACP) is required. Offers must be submitted by 3 July 2019 (10 AM) at the very latest.

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Publications: 12 JUNE 2019

Medical cannabis in France: Latest state of play

Following the penultimate meeting of the specialised committee on cannabis (CSST) established by the French National Agency of Medicine and Health Products Safety (ANSM) (see our previous blog posts "French ANSM temporary scientific committee pursues activities on modalities of medical cannabis availability" and "French ANSM recommends medical use of cannabis under certain conditions"), the French Senate held a hearing on 28 May 2019 entitled "Cannabis, a major public health issue" during which the senators present at the hearing came (despite existing concerns) to a quasi-consensus regarding the need of legally permitting medical cannabis in France.  In the days and weeks following the debate, both politicians and experts, amongst others Nicolas AUTHIER, the chairman of the CSST, provided some further insights on the future of medical cannabis in France.

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Recognition