Picture of Kai Neuhaus

Kai Neuhaus, LL.M.

Partner
Rechtsanwalt

CMS EU Law Office
Avenue des Nerviens 85
1040 Brussels
Belgium
Languages German, English, French

Kai Neuhaus specialises in competition and trade law, with a focus on the digital business. He advises and represents companies in all proceedings before the EU Commission, the German Federal Cartel Office as well as the European Court of Justice and German courts. In competition law he has long-standing experience with merger control, abuse of dominance and cartel proceedings. He regularly provides competition law advice on distribution contracts and e-commerce. In the area of trade law Kai assists clients e.g. with EU anti-dumping proceedings and EU and German trade sanctions and embargos and related compliance issues.

His clients include major manufacturing companies in the IT, consumer goods and chemical sectors as well as the automotive and auto parts suppliers sector, and also service providers e.g. from the finance, insurance, media and retail sectors.

Kai joined CMS in 2003 and has been a partner since 2009.

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Education

  • LL.M. at University College London; specialist subjects: competition law and trade law
  • Law studies at the Universities of Augsburg, Lausanne and Munich
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Publications

  • Imports an Exports, Doing Business in Europe, 2017, Sweet & Maxwell
  • Kartellrecht, Loewenheim/Meessen/Riesenkampff/Kersting/Meyer-Lindemann (editors) - Commentary on merger control sections §§ 35, 36 (paras. 2145-241), 38 German Act against Restraints on competition, 2016
  • FCO breaks up joint venture - nothing clear after clearance - Commentary on the decision of the German Federal Cartel Office of 21.11.2012, ILO December 2012
  • Court increases fines on appeal by up to 85 % - Commentary on the decision of the Düsseldorf Higher Regional Court of 15.04.2013, Az. VI-4 Kart 2-6/10 (OWi), ILO May 2013
  • The 8th amendment to the Act Against Restraints of Competition: the reform of German competition law, in collaboration with Dr. Harald Kahlenberg, BB 4/2013, p. 131 ff
  • Kartellrecht, in: Hettler/Stratz/Hörtnagl, Beck´sches Mandatshandbuch Unternehmenskauf, 2. Auflage, Verlag C.H.Beck 2013
  • Privilege and internal audit documents – are internal audits left exposed? Comment on Order of Local Court Bonn of June 21 2012, Case 27 Qs 2/12, ILO September 2012
  • To file or not to file – no question: file! – Comment on order of Higher Regional Court of Düsseldorf of 01.02.2012, case VI-Kart 6/11 (V), in collaboration with Benedikt Ecker, ILO August 2012
  • The New EU Insurance Block Exemption Regulation, ILO April 2010
  • Dossiers Internationaux - Allemagne, Droit de la concurrence, ISBN 978-2-85115-700-3, Editions Francis Lefebvre 2007, p. 153 ff
  • Amendments to the Act against Restraints of Competition – Overview over 7th Amendment of Geman competition law, ILO August 2005
  • First Experiences with Commitment Decisions under Art. 9 (1) of Reg. 1/2003, in collaboration with Dr. Harald Kahlenberg, EuZW 2005, p. 620 ff
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Lectures list

  • "Market entry Iran | Trade restrictions – What to consider" - Frankfurt/Main, June 2016
  • "Current overview over trade sanctions against Iran" - Frankfurt/Main, June 2016
  • "E-Commerce Sector Inquiry – Update and next steps" - Lisbon, April 2016
  • "Retail without borders - removing restrictions to e-commerce" - CMS Technology Media & Communications Conference, London, October 2015
  • "The e-commerce sector inquiry: Possible outcomes for e-traders" - CMS Consumer Products Conference, Brussels, September 2015
  • "The e-commerce sector inquiry" - CMS Consumer Products Conference, London, June 2015
  • Vertical restraints - Panel discussion: "Restriction of online sales: No borders for click stores? / What is an agreement: 20 years after Adalat" - Brussels, May 2015
  • "Restrictions of online sales - what is still permissible under competition laws?" - Munich - Stuttgart, November 2014
  • "Bid rigging in M&A, acquisition of cartelists and merger control - news for private equity funds" - Frankfurt, October 2014
  • "Sanctions against Russia - What to keep in mind?" - Düsseldorf, October 2014
  • "Co-Insurance and its pitfalls under competition law" - Munich, June 2014
  • "Resale prices - what influence is allowed under competition laws?" - Stuttgart, November 2013
  • "Co-Insurance and its pitfalls under competition law" - Cologne, September 2013
  • "EU Anti-Dumping in practice" - Düsseldorf, July 2013
  • "EU Anti-Dumping in a nutshell" - Bucarest, February 2013
  • "News on joint research and development" - Rome, 2012
  • "Antitrust law and cooperation - Joint research and development" - Dusseldorf - Munich - Frankfurt, 2011
  • "EU Anti-Dumping Law in Practice" - Düsseldorf, 2010
  • "Latest Developments on Competition Law in Distribution Contracts" - Munich and Stuttgart, 2009
  • "The new EU Settlement Procedure in Cartel Cases" - Vienna, 2008
  • "EU Anti-Dumping- Joint Actions against Imports" - Cologne and Berlin, 2007
  • "Pricing, Rebates and Conditions: Limits set by Competition Law" - Stuttgart, 2006
  • "First Experiences with Commitment Decisions under Art. 9 Reg. 1/2003" - Madrid, 2005
  • "Changes brought by the New German Competition Act for Procurement and Distribution" - Frankfurt am Main, 2005
  • "Merger Control under the New German Competition Act" - Chamber of Industry and Commerce Bodensee, 2005
  • "New German Competition Act and its Impact on Co-operation and Distribution Contracts" - Chamber of Industry and Commerce Bodensee, 2005
  • "Predatory Pricing and Sales below Costs in Competition Law" - University of Hohenheim, 2005
  • "Joint Purchasing in the Media Sector" - Milan, 2004

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Feed

Show only
22/09/2016
E-Com­merce Sec­tor In­quiry
Pre­lim­in­ary re­port pub­lished
06/03/2018
Ger­man Fed­er­al Court’s AS­ICS rul­ing may be at odds with re­cent EU...
Hopes that the Coty de­cision of the Court of Justice of the European Uni­on (CJEU) would cre­ate a more har­mon­ized ap­proach to ver­tic­al re­straints in the EU may be short lived. On 6 Decem­ber 2017, the CJEU ruled in the Coty case that pro­hib­i­tions on dis­trib­ut­ors.
07/10/2016
An up­date on the E-com­merce Sec­tor In­quiry – key takeaways from the...
Fol­low­ing the pub­lic­a­tion of the Pre­lim­in­ary Re­port on the E-com­merce Sec­tor In­quiry the European Com­mis­sion presen­ted its find­ings in Brus­sels on 6 Oc­to­ber, host­ing a series of pan­els and dis­cus­sions on the top­ic.