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Dr Ellen Braun

Partner

Hamburg

Braun Ellen
Dr Ellen Braun

Partner

Hamburg

Ellen Braun, LL.M. (UC Berkeley), is a German Rechtsanwältin and head of our German antitrust practice. She specialises in EU and German competition law.

She has an active practice representing clients in competition proceedings before the EU Commission, the German Federal Cartel Office and the courts. Her broad practice covers the full breadth of antitrust law including advising on long-term competition and antitrust strategies; complex merger control cases including worldwide multiple filings; structuring of cooperation, joint venture and distribution agreements; compliance advice, audits and design of compliance programs; EU and German cartel investigations including leniency applications; as well as actioning and defending private enforcement cases in court.

Her long-standing client relationships encompass all industry sectors, with a particular focus on consumer products, general industry, construction, infrastructure and energy, media and entertainment, as well as financial services/insurance.

She regularly speaks and publishes on EU and German antitrust law issues. Her publications include the chapters on horizontal agreements under EU law, on horizontal and vertical agreements under German law, and on energy antitrust law and competitor co-operation, all in the Langen/Bunte, the leading German language commentary on EU and German antitrust law.

She holds an LLM from UC Berkeley and a doctorate in antitrust law from the University of Hamburg. She is also admitted to the New York Bar. She previously worked as an associate at a leading German antitrust practice.

Ellen is German mother tongue and speaks English fluently as well as French.

Allen & Overy's antitrust and competition team comprises over 100 specialists located across Asia Pacific, Europe and the United States. We advise corporates and financial institutions on their global antitrust policies, litigation and regulatory strategies and have acted on some of the most high-profile and complex cases in recent years.

News & insights

Multi coloured abstract graphic

Publications: 18 FEBRUARY 2020

Antitrust and Brexit – where do we stand?

The UK has well-established domestic antitrust and merger control regimes, enforced by the Competition and Markets Authority (CMA).

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Antitrust in focus

Publications: 29 NOVEMBER 2019

Antitrust in focus - November 2019

This newsletter is our take on the antitrust developments we think are most interesting to your business. Ellen Braun, partner based in Hamburg, is our editor this month. She has selected:

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Publications: 17 OCTOBER 2019

European Commission imposes interim measures for first time in nearly two decades

The European Commission (Commission) has the power to order companies suspected of engaging in anti-competitive behaviour to stop their conduct pending a final decision in an investigation – so-called “interim measures”. The idea is that interim measures prevent activity which could irreparably damage the market before the Commission has completed its probe and had a chance to sanction the behaviour. But these powers have rarely been used. In fact, they have lain dormant since the IMS Health case 18 years ago, where the Commission imposed interim measures ordering the firm to grant a licence in relation to pharmaceuticals data.

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Mobile phone

Publications: 12 FEBRUARY 2019

German antitrust authority restricts Facebook's processing of user data

On 7 February 2019 the German antitrust authority (Bundeskartellamt) found that the extent to which Facebook collects, merges, attributes to and uses data in user accounts amounts to an abuse of a dominant position on the market for social networks. Under Facebook's current terms and conditions, users agree to Facebook: (1) collecting user data from both Facebook-owned services like WhatsApp and Instagram, and from third party websites that use Facebook links in the foreground or Facebook analytics in the background, and (2) combining and assigning that data to the user's Facebook account. According to head of the authority Andreas Mundt, as a result Facebook "obtains very detailed profiles of its users and knows what they are doing online". 

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Office

Hamburg

Allen & Overy LLP
Kehrwieder 12
20457 Hamburg

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Qualifications

Professional

Admitted as German Rechtsanwältin, 1994

Admitted to the bar, State of New York, USA, 1999

Academic

LL.M., University of California, Berkeley, USA, 1995

Dr iur, University of Hamburg, Germany, 1995

Second German Law Degree, University of Hamburg, 1991

First German Law Degree, University of Hamburg, 1988

Recognition

Published work

  • Braun E., Bunte H.J. (2017) "Kommentar zum deutschen und europäischen Kartellrecht", 13th edition (co-author)
  • Braun E., Bunte H.J. (2010) "Kommentar zum deutschen und europäischen Kartellrecht", 11th edition (co-author)
  • Braun E. (2009) "Gleiches Recht für alle", article in FINANCE, 06/2009
  • Braun E. (2012) "Marktdefinitionen", chapter in Hamburger Kommentar - Gesamtes Medienrecht, 2nd edition
  • Braun E. (2006) "Europäisierung des deutschen Kartellrechts - Konsequenzen für Kartellmitglieder?", Europäisches Wettbewerbsrecht nach der Reform
  • Braun E. (2006) "Kartellrechtliche Beurteilung von Horizontalvereinbarungen", EUROFORUM: Schriftlicher Management-Lehrgang in 12 Lektionen, Das neue Kartell- und Fusionskontrollrecht, chapter 7
  • Braun E., Behrens P., Nowak C. (2004) "Europäisches Wettbewerbsrecht im Umbruch", Nomos
  • Braun E. (2004) "Der Systemwechsel im europäischen (und deutschen) Kartellrecht (VO 1/2003) - Vorschläge fuer die Unternehmenspraxis", article in Europäisches Wettbewerbsrecht im Umbruch, Nomos
  • Braun E., Schoneweg H. (2003) "Der Anwalt wechselt sein Spezialgebiet nur selten", article in Financial Times Deutschland, 07/02/2003
  • Braun E., (2002) "Marktabgrenzung wird unterschiedlich gesehen", article in Lebensmittelzeitung, 09/2002
  • Braun E., Bader C. (2002, 2003) "German Competition Law: Overview and recent developments", article in The European Antitrust Review, 03/2002 and 04/2004: Global Competition
  • Braun E., Behrens P. (1996) "EC Competition Rules in National Courts – Germany", Nomos