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Portrait ofKai 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, the German Ministry of Economy, the German Federal Office for Economic Affairs and Export Control 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 with investment control, on EU and German trade sanctions and embargos, on export control and related compliance issues and with EU anti-dumping proceedings.

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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Führender Name in der Investitionskontrolle

JUVE Handbuch, 2023/2024

„sehr besonnen, pragmat., umgängl. u. klug“, „versierter Außenwirtschaftsrechtler“, Wettbewerber

JUVE Handbuch, 2023/2024

„Oft empfohlen“ für Kartellrecht

JUVE Handbuch, 2023/2024

„Oft empfohlen“ für Investitionskontrolle

JUVE Handbuch, 2023/2024

„Oft empfohlen“ für Außenwirtschaftsrecht

JUVE Handbuch, 2023/2024

„besonnen, pragmatisch, umgänglich, klug“, Wettbewerber

JUVE Handbuch, 2023/2024

"outstanding advice", client; "accomplished customs and trade lawyer", competitor

JUVE German Commercial Law Firms 2021 (GCLF)

"Recommended" for Customs and Trade, Antitrust

JUVE German Commercial Law Firms 2021 (GCLF)

"Recommended" for Customs and Trade, Antitrust

JUVE German Commercial Law Firms 2022 (GCLF)

"outstanding performance", client

JUVE German Commercial Law Firms 2022 (GCLF)

"pleasant to work with", competitor

JUVE German Commercial Law Firms 2022 (GCLF)

Publications

  • Handbuch Vertriebskartellrecht, § 10 Gebiets- und Kundenbeschränkungen, 2020, Beck Verlag
  • Kartellrecht, Loewenheim/Meessen/Riesenkampff/Kersting/Meyer-Lindemann (Hrsg.) - Kommentar der Fusionskontrollvorschriften § 35, § 36 Abs. 2 und 3, § 38 GWB, 4. Auflage 2020
  • CCH - Doing Business in Europe, Germany, Chapter “Import and Export”, 2019, Sweet & Maxwell
  • CCH - Doing Business in Europe, Germany, Chapter “Import and Export”, 2017, Sweet & Maxwell
  • Kartellrecht, Loewenheim/Meessen/Riesenkampff/Kersting/Meyer-Lindemann (Hrsg.) - Kommentar der Fusionskontrollvorschriften §§ 35, 36 (Rn. 2145-241), 38 GWB, 2016
  • Kartellrecht, in: Hettler/Stratz/Hörtnagl, Beck´sches Mandatshandbuch Unternehmenskauf, 2. Auflage, Verlag C.H.Beck 2013
  • German investment control shows its teeth – new hurdles for transactions, CMS Blog, July 2020
  • Investment control takes hold of healthcare sector, CMS Blog, May 2020
  • 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

  • "Foreign Investment Reviews – The new Merger Control?", FuW Forum, Zurich, August 2021
  • Effective Remedies Vis-a-Vis Digital Platforms: Competition Policy and Sector Regulation at a Crossroad, session “Data Silos” – EUI, Florence, June 2021
  • "EU Competition Law in the digital era: Shield from (over?) enforcement of authorities & Sword to claim integrity or damages from third parties" – ACC Europe, Brussels, May 2021
  • Impact of growing foreign investment control regulations on the European M&A market - ECLA General Counsel Roundtable Online, November 2020
  • CMS EU Law Briefing – Facebook vs. Bundeskartellamt / Decision of the German Federal Court of Justice KVR 69/19, Webinar, October 2020
  • CMS EU Law Briefing – The EU Legislator at Work / Foreign Subsidies in the Single Market, Webinar, August 2020
  • "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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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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27/10/2023
JUVE Awards 2023: CMS recognised as Law Firm of the Year for Antitrust
Berlin – International commercial law firm CMS Germany was recognised yesterday evening as Law Firm of the Year for Antitrust at the JUVE Awards 2023. The JUVE Awards are regarded as among the most...

Feed

14/06/2024
EU anti-dumping investigation of Chinese decor paper imports
On 14 June 2024, the EU opened an anti-dumping in­vest­ig­a­tion con­cern­ing EU imports of decor paper originating in the People’s Republic of China, which could lead to substantial anti-dumping duties...
12/06/2024
CMS Expert Guide to Foreign Investment Screening Laws in Germany
1. What is the relevant legislation? The German FDI laws are set out in the Foreign Trade and Payments Act (Außen­wirtschafts­ge­setz – "AWG") and in the Foreign Trade and Payments Ordinance (Außen­wirtschafts­ver­or­d­nung...
24/05/2024
EU anti-dumping investigations for Chinese lysine and vanillin imports
On 23 May 2024, the EU opened an anti-dumping in­vest­ig­a­tion con­cern­ing EU imports of lysine originating in the People’s Republic of China, which could lead to substantial anti-dumping duties on future...
02/05/2024
CMS comments on proposal for EU foreign investment screening regulation
The EU is currently revising its foreign direct investment screening mechanism. The Commission’s proposal for a new regulation foresees obligations on Member States to introduce national screening laws with mandatory filing requirements, proposes timeframes and generally extends the scope of the mechanism to foreign indirect investments. As part of the consultation process, CMS submitted comments to the proposal, which you can read here.
01/12/2023
EU Competition Law Briefings
The EU Competition Law Briefings have been created to provide a platform for our clients and other competition law experts to stay up to date on the developments of EU Competition Law. Every month CMS...
27/06/2023
Handling the new EU sanctions against Russia
Latest update: 27 June 2023
27/06/2023
New EU sanctions against Russia (11th package)
On 23 June 2023, the EU adopted its 11th sanctions package against Russia. After weeks of internal negotiations EU Member States agreed on a set of additional measures which tackle circumvention and extend...
18/04/2023
Germany adopts proposal to give Federal Cartel Office more power to intervene...
On 5 April 2023, the German federal government adopted the proposal of the 11th amendment to the German Act for Restraints against Competition (GWB) and started the legislative procedure in the federal...
16/04/2023
ACC Europe Annual Conference 2023
CMS - Meet our Experts
10/10/2022
Germany proposes law on competition that strengthens the Federal Cartel...
On 26 September 2022, the Federal Ministry for Economic Affairs and Climate Action (BMWK) presented the draft for the 11th GWB amendment, which is to be called the Law for the Improvement of Competition...
14/09/2022
CMS advises Art-Invest Real Estate on investment by DTCP in maincubes
Cologne – Frankfurt-based data centre operator maincubes has gained Digital Transformation Capital Partners (DTCP) as a new strategic investor with a focus on digital infrastructure. DTCP made a substantial...
22/05/2022
ACC Europe Annual Conference 2022
Doing business in diverse markets, each with its unique legal environment and ways of practicing law, requires specialist knowledge. Our more than 5,000 lawyers in 44 countries worldwide provide busi­ness-fo­cused...