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Competition

Germany

Our competition law expertise stretches back almost 40 years. With some 140 competition lawyers, thereof more than 35 in Germany, the competition practice group of the CMS organisation is present in more than 20 European jurisdictions and in China.

We aim to provide our clients with pragmatic solutions, not merely to list risks. What sets our competition lawyers apart is their thorough understanding of economic interests, their focus on specific industries and years of experience acquired in numerous proceedings before European and German competition authorities and courts.

We have an excellent working relationship with officials at the German competition authorities and the European Commission. With our Brussels office we always have an ear on the ground and are well placed to represent our clients' interests before the European Commission. Having competition lawyers in more than 20 European jurisdictions within the CMS organisation enables us to offer our clients a unique pan-European perspective for their cross-border and international businesses and projects.

Our competition lawyers are highly regarded experts who publish widely in their field.

Main Focus

  • Merger control
    • European Commission
    • German Federal Cartel Office
    • EU-wide and worldwide coordination of multinational proceedings
  • Cartel proceedings / fine proceedings such as
    • Assistance during dawn raids
    • Representation in cartel proceedings
    • Leniency applications
    • Settlement proceedings
    • EU-wide and worldwide coordination of multinational proceedings
  • Litigation
    • Courts of the European Union
    • German Courts, including civil law damages claims ("follow-on-claims")
  • Abuse of dominance such as
    • Prices and rebates
    • Refusal to supply
    • Representation in proceedings for abuse of dominance
  • Distribution such as
    • Distribution systems
    • Internet distribution
    • Selective distribution
    • Allocation of customers or territories
  • Cooperation agreements such as
    • Joint venture agreements
    • Research and development agreements
    • Joint purchasing agreements
  • Compliance such as
    • Setting up and implementing compliance programs
    • Competition law training
    • Competition law audits
  • Regulated markets such as energy (electricity, gas), telecommunications, water, etc.
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September 2019
CMS Com­pet­i­tion Con­tact Card
January 2015
CMS Com­pet­i­tion Group

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September 2019
CMS Com­pet­i­tion Con­tact Card
20 Mar 20
Coronavir­us crisis: the European Com­mis­sion ad­opts its State aid Tem­por­ary...
Ex­ec­ut­ive Vice-Pres­id­ent Vestager had an­nounced on 17 March 2020 a pub­lic con­sulta­tion on the European Com­mis­sion’s draft pro­pos­al for a State aid Tem­por­ary Frame­work to sup­port the eco­nomy in the con­text...
17 Mar 20
While doc­tors fight COV­ID-19 au­thor­it­ies battle fraud, price hikes...
In every coun­try hit by COV­ID-19, the dis­ease linked to the Coronavir­us, com­pet­i­tion and con­sumer pro­tec­tion au­thor­it­ies have been con­fron­ted with the vir­us's im­plic­a­tions. Gov­ern­ments, au­thor­it­ies and...
10 Mar 20
Com­pet­i­tion Ap­peal Tribunal rules on bind­ing nature of European Com­mis­sion...
The UK’s Com­pet­i­tion Ap­peal Tribunal (CAT) has handed down an im­port­ant rul­ing on the ex­tent to which re­cit­als of a Com­mis­sion de­cision are bind­ing for the pur­poses of do­mest­ic dam­ages claims. The...
06 Mar 20
Coronavir­us – Pro­tect­ing against sup­ply chain dis­rup­tion when ship­ping...
De­vel­op­ing a sup­ply chain re­sponse to the coronavir­us out­break in­volves be­ing ready be­fore such a crisis hits. Al­though the long-term con­sequences are yet to play out, the coronavir­us out­break already...
02 Aug 19
Con­sulta­tion on EC Com­mu­nic­a­tion on the pro­tec­tion of con­fid­en­tial...
Na­tion­al courts are in­creas­ingly deal­ing with com­pet­i­tion law pro­ceed­ings brought by con­sumers and com­pet­it­ors, so-called private en­force­ment pro­ceed­ings. Un­like com­pet­i­tion au­thor­it­ies, these private...
27 May 19
AB In­Bev hit with a EUR 200 m fine for re­strict­ing cross-bor­der sales
On 13 May 2019, the European Com­mis­sion fined AB In­Bev EUR 200 mil­lion for ab­us­ing its dom­in­ant po­s­i­tion on the beer mar­ket by re­strict­ing cross-bor­der sales of its products. As an ex­ample of the Com­mis­sion's...
22 Mar 19
European Com­mis­sion launches on­line "eL­e­ni­ency" tool
On 19 March 2019, the European Com­mis­sion an­nounced the launch of its new on­line tool to sub­mit state­ments and doc­u­ments in le­ni­ency and set­tle­ment pro­ceed­ings in car­tel and non-car­tel co­oper­a­tion cases....
15 Mar 19
EU law trumps na­tion­al law when de­term­in­ing the en­tity li­able for...
On 14 March 2019, the Court of Justice of the European Uni­on (CJEU) pub­lished a ground-break­ing pre­lim­in­ary rul­ing in the case Skanska In­dus­tri­al Solu­tions and Oth­ers (Case C‑724/17), find­ing that...
04 Oct 17
European Com­mis­sion im­ple­ments its Avi­ation Strategy for Europe
In Decem­ber 2015, the European Com­mis­sion ad­op­ted its Avi­ation Strategy for Europe, an am­bi­tious plan which tackles the is­sues af­fect­ing the air trans­port sec­tor, such as the in­ter­na­tion­al frame­work,...
16 Aug 17
European Com­mis­sion ends cor­por­ate tax ex­emp­tions gran­ted to Bel­gi­um...
On 27 Ju­ly 2017, the European Com­mis­sion form­ally re­ques­ted Bel­gi­um and France to ab­ol­ish cor­por­ate tax ex­emp­tions for their ports, con­sid­er­ing that their na­tion­al re­gimes for the tax­a­tion of ports were...
30 May 17
Gen­er­al Court of the EU an­nuls Com­mis­sion de­cision on aid gran­ted...
On 27 April 2017, the Gen­er­al Court of the EU par­tially an­nulled the European Com­mis­sion de­cision of 1 Oc­to­ber 2014 re­gard­ing State aid gran­ted by Ger­many to Zweibrück­en Air­port and air­lines us­ing that...