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Portrait of Dieter Zandler

Dieter Zandler

Partner
Attorney-at-law

CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Austria
Languages German, English, French
Competition & EU

Specialisation in competition law & EU

Dieter Zandler is a lawyer specialising in European and Austrian competition law, foreign direct investment control and corporate law/M&A
He represents national and international companies, especially in cartel (fine), merger control and abuse of dominance proceedings before Austrian competition authorities, the European Commission and in court. He also advises his clients on antitrust compliance and antitrust damages claims as well as on foreign direct investment control.

Industries

Dieter Zandler represents companies from various sectors, including finance (especially banking and insurance), private equity, energy, packaging, consumer goods, services, IT, telecommunications, media, chemicals, engineering, food and life sciences. 

Lecturing activities

Dieter Zandler regularly provides courses and trainings, focusing on antitrust compliance and the competition law aspects of distribution contracts and distribution systems. For several years, he is also a guest lecturer at the University of Vienna in the field of distribution (antitrust) law in the courses of Univ. Prof. RA Dr. Johannes Reich-Rohrwig.

Ranking

  • Legal500 Austria - EU & Competition: Next Generation Partner (2020, 2021) 
  • Ranked lawyer Chambers Europe Competition/European Law – Austria (2019, 2020, 2021)
  • JUVE-Ranking Antitrust Law in JUVE Magazine for Business Lawyers in Austria November/December 2020: Often recommended.
  • JUVE-Ranking Antitrust Law in JUVE Magazine for Business Lawyers in Austria November/December 2018: Often recommended.
  • JUVE-Ranking Antitrust Law in JUVE Magazine for Business Lawyers in Austria November/December 2016: Highly recommended.
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"He has outstanding legal knowledge and has a profound insight and expertise in the legal market in CEE. He delivers clear analysis and strategies which we follow without exception."

Chambers Europe Competition/European Law (2021)

"An expert in competition law who stands out in the Austrian market through his expertise and knowledge."

Chambers Europe Competition/European Law (2019)

"His expertise in Austrian and EU antitrust and competition law has always been accurate and practicable. His team has worked together excellently."

Legal 500 (2021)

"Dieter Zandler provides very reliable advice and convinces with detailed and in-depth result down to the last point."

Legal 500 (2021)

"Dieter Zandler has a great deal of experience in the field of antitrust and competition law. We see him as a perfectionist taking care of every detail and offering top-notch advice always on time and on a wide range of antitrust issues."

Legal 500 (2021)

Memberships & Roles

  • Vienna Bar Association
  • Studienvereinigung Kartellrecht
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Publications

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Education

  • 2011 - Admission to the Bar
  • 2006 - Master of Laws, Central European University (Budapest/New York)
  • 2006 - Visiting Exchange Student J.D. Programme, Emory University School of Law (Atlanta)
  • 2002 - Mag. iur., University of Salzburg
  • 2005 - Dr. iur, University of Salzburg
  • 2005 - Erasmus, ELTE AJK (Budapest)
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Corporate/M&A

Specialisation corporate law/M&A

Dieter Zandler is an attorney-at-law for corporate law/M&A and competition law & EU. In the area of M&A, he specialises in public M&A and private equity transactions.

Industries

Dieter Zandler has many years of experience in Austrian takeover law and has assisted clients in a number of ground-breaking proceedings before the Austrian Takeover Commission, in particular with regard to the pricing of takeover bids and the review of the violation of the obligation to make an offer by jointly acting legal entities.

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Memberships & Roles

  • Vienna Bar Association
  • Studienvereinigung Kartellrecht
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Publications

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Education

  • 2011 - Admission to the Bar
  • 2006 - Master of Laws, Central European University (Budapest/New York)
  • 2006 - Visiting Exchange Student J.D. Programme, Emory University School of Law (Atlanta)
  • 2002 - Mag. iur., University of Salzburg 
  • 2005 - Dr. iur, University of Salzburg
  • 2005 - Erasmus, ELTE AJK (Budapest)
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14 April 2021
The Private Com­pet­i­tion en­force­ment Re­view I Four­teenth Edi­tion
Private an­ti­trust lit­ig­a­tion in Aus­tria has sub­stan­tially in­creased in re­cent years. To a large ex­tent, this growth can be at­trib­uted to an in­crease of car­tel court de­cisions im­pos­ing fines against car­tel mem­bers based on in­tens­i­fied en­force­ment activ­ity of the Aus­tri­an Fed­er­al Com­pet­i­tion Au­thor­ity (FCA) and the Aus­tri­an Fed­er­al Car­tel Pro­sec­utor (with the de­cision in the El­ev­at­ors and Es­cal­at­ors car­tel case be­ing the show-starter). On the basis of these de­cisions find­ing vi­ol­a­tions of an­ti­trust law, the Aus­tri­an Su­preme Court (OGH) in sev­er­al cases has af­firmed the pos­sib­il­ity of claims for dam­ages for dir­ectly dam­aged parties as well as for in­dir­ectly dam­aged parties, in­clud­ing cases where dam­ages were al­legedly caused by car­tel out­siders (um­brella pri­cing).The com­plete "The Private Com­pet­i­tion en­force­ment Re­view" is avail­able via down­load.
19 March 2021
Un­fair trad­ing prac­tices in the ag­ri­cul­tur­al and food sup­ply chain
Com­pan­ies act­ing in the food sup­ply chain for 2021 should re­vise their sup­ply agree­ments and har­mon­ise their busi­ness prac­tices with the new na­tion­al laws im­ple­ment­ing Dir­ect­ive (EU) 2019/633 on un­fair trad­ing prac­tices in B2B re­la­tion­ships in the ag­ri­cul­tur­al and food sup­ply chain. The un­fair trad­ing prac­tices (so-called UT­Ps) scheme must be trans­posed to na­tion­al le­gis­la­tions by 1 May 2021. WHAT? The UT­Ps scheme seeks to com­bat B2B prac­tices in the ag­ri­cul­tur­al and food sup­ply chain that grossly de­vi­ate from good com­mer­cial con­duct, are con­trary to good faith and fair deal­ing, and are uni­lat­er­ally im­posed by one trad­ing part­ner on an­oth­er. In short, the in­ten­tion of the rules is to shield ag­ri­cul­tur­al pro­du­cers or any nat­ur­al or leg­al per­son selling ag­ri­cul­tur­al and food products from UT­Ps. The Dir­ect­ive en­vis­ages that na­tion­al laws will ap­point com­pet­ent au­thor­it­ies to en­force the UTP rules. WHO? The rules are not auto­mat­ic­ally ap­plic­able to all sup­pli­er-buy­er re­la­tion­ships. The rules ap­ply when there is a sig­ni­fic­ant im­bal­ance in ne­go­ti­ation power, which is as­sessed by com­par­ing the an­nu­al turnovers of the parties. HOW? Pre­cau­tion­ary meas­ures for de­term­in­ing busi­ness re­la­tion­ship con­di­tions must be ap­plied since na­tion­al laws have a wide dis­cre­tion in de­fin­ing the UT­Ps, provided that at least those spe­cified in the Dir­ect­ive are in­cluded. The list of UT­Ps is di­vided in­to prac­tices that are al­ways for­bid­den (e.g., pay­ment peri­ods longer than 30 or 60 days (de­pend­ing on the type of products), uni­lat­er­ally chan­ging cer­tain terms of a sup­ply agree­ment, etc.) and those for­bid­den de­pend­ing on the cir­cum­stances (e.g., re­quir­ing the sup­pli­er to bear the costs of dis­counts or ad­vert­ising, or to ac­cept back un­sold products without the ob­lig­a­tion of the buy­er to pay for them or for their dis­pos­al).
26/02/2021
CMS Vi­enna ad­vises Mod­ine on sale of Aus­tri­an auto­mot­ive busi­ness
US-based Mod­ine Man­u­fac­tur­ing Com­pany, a di­ver­si­fied glob­al lead­er in thermal man­age­ment tech­no­logy and solu­tions, is selling part of its European air-cooled auto­mot­ive busi­ness, in­clud­ing its man­u­fac­tur­ing...
Published on ceelegalmatters.com I 14 December 2020
CMS Ad­vises A1 Telekom Aus­tria on Ac­quis­i­tion of NTT Aus­tria’s Alc­a­tel-Lu­cent...
04/12/2020
CMS sup­ports A1 Telekom Aus­tria AG in the ac­quis­i­tion of NTT Aus­tria’s...
Aus­tri­a's lead­ing tele­com­mu­nic­a­tions com­pany is fur­ther ex­pand­ing its en­ter­prise di­vi­sion. With the ac­quis­i­tion of Alc­a­tel-Lu­cent Voice Busi­ness, the clas­sic tele­phony busi­ness of tech­no­logy ser­vice pro­vider...
10/11/2020
The Mer­ger Con­trol Re­view I El­ev­enth Edi­tion
The Aus­tri­an mer­ger con­trol re­gime is set out in Part I, Chapter 3 of the Aus­tri­an Car­tel Act 2005 (KartG). The turnover thresholds that trig­ger a mer­ger fil­ing re­quire­ment in Aus­tria are among the low­est...
Published on ceelegalmatters.com on 6 November 2020
CMS and KP­MG Law Ad­vise on Plastic Om­ni­um's Es­tab­lish­ment of Joint Ven­ture...
03/11/2020
CMS ad­vises Plastic Om­ni­um on es­tab­lish­ment of joint ven­ture with El­ringK­linger
Dus­sel­dorf/Vi­enna -  In or­der to drive for­ward the de­vel­op­ment of hy­dro­gen mo­bil­ity, the two auto­mot­ive sup­pli­ers El­ringK­linger and Plastic Om­ni­um will cre­ate a joint ven­ture for the de­vel­op­ment...
Published on ceelegalmatters.com I 19 October 2020
CMS Helps Bechtle Ac­quire Data­formers in Aus­tria
Fin­an­cial de­tails of the trans­ac­tion were not dis­closed, and clos­ing re­mains sub­ject to ap­prov­al by an­ti­trust au­thor­it­ies.Read the full art­icle here.
05/10/2020
CMS sup­ports the IT group Bechtle in its ac­quis­i­tion of the Aus­tri­an soft­ware...
Bechtle AG has ac­quired data­formers GmbH, a soft­ware de­veloper based in Linz. The IT Group has thus ac­quired the hun­dredth com­pany in its his­tory. With this ac­quis­i­tion, Bechtle fur­ther ex­pands its IT...
02/10/2020
CMS sup­ports OeNB as it sets course for fu­ture-proof pay­ments in Aus­tria
Over the past one and a half years, to­geth­er with Pay­ment Ser­vices Aus­tria (PSA), the Oes­ter­reichis­che Na­tion­al­bank (OeNB) (the Aus­tri­an Cent­ral Bank) has laid the found­a­tion for mod­ern­ising the pro­cessing...
14/09/2020
The Dom­in­ance and Mono­pol­ies Re­view I 8th Edi­tion
The Aus­tri­an leg­al re­gime reg­u­lat­ing mar­ket dom­in­ance is set out in Part II (Sec­tions 4 to 6) of the Aus­tri­an Car­tel Act (KartG), stip­u­lat­ing the pro­hib­i­tion on ab­us­ing a (single or col­lect­ive) dom­in­ant...