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Moritz Pottek

Counsel
Rechtsanwalt

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

Moritz Pottek advises and represents German and international companies across sectors in competition law and trade matters. His competition law practice includes acting in merger control, abuse and fine proceedings before the EU Commission, the Federal Cartel Office and EU courts as well as advising on distribution issues related to competition law. He is particularly interested in digital business models.

His trade practice concentrates on foreign trade law, including foreign investment review procedures, export control matters, anti-dumping, trade sanctions and embargoes. In this context, he also handles compliance issues.

Moritz joined CMS in 2019, after having started his legal career in 2017 at an international law firm in dispute resolution. He can therefore also draw on arbitration experience, particularly with regards to investment protection. Having studied abroad at the Universidad de Chile and worked in Buenos Aires during his legal training, he is also experienced with the Latin-American legal culture. in 2024 he was appointed counsel.

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Memberships & Roles

  • Studienvereinigung Kartellrecht e.V. (association of German-speaking lawyers specialising in competition law)
  • Lateinamerikaverein e.V. (Business Association for Latin America)
  • Hamburg Lawyers‘ Association
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Education

  • 2017: Second state examination in law
  • 2015 - 2017: Trainee lawyer at Celle Higher Regional Court including placements in a maritime law boutique firm in Hamburg and an international law firm in Buenos Aires
  • 2015: First state examination in law
  • 2008 - 2015: Law studies at the University of Hamburg and Universidad de Chile, Santiago de Chile, with a focus on “law and economics”
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Moritz Pottek advises and represents German and international companies across sectors in competition law and trade matters. His competition law practice includes acting in merger control, abuse and fine proceedings before the EU Commission, the Federal Cartel Office and EU courts as well as advising on distribution issues related to competition law. He is particularly interested in digital business models.

His trade practice concentrates on foreign trade law, including foreign investment review procedures, export control matters, anti-dumping, trade sanctions and embargoes. In this context, he also handles compliance issues.

Moritz joined CMS in 2019, after having started his legal career in 2017 at an international law firm in dispute resolution. He can therefore also draw on arbitration experience, particularly with regards to investment protection. Having studied abroad at the Universidad de Chile and worked in Buenos Aires during his legal training, he is also experienced with the Latin-American legal culture.

more less

Memberships & Roles

  • Studienvereinigung Kartellrecht e.V. (association of German-speaking lawyers specialising in competition law)
  • Lateinamerikaverein e.V. (Business Association for Latin America)
  • Hamburg Lawyers‘ Association
more less

Education

  • 2017: Second state examination in law
  • 2015 - 2017: Trainee lawyer at Celle Higher Regional Court including placements in a maritime law boutique firm in Hamburg and an international law firm in Buenos Aires
  • 2015: First state examination in law
  • 2008 - 2015: Law studies at the University of Hamburg and Universidad de Chile, Santiago de Chile, with a focus on “law and economics”
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12/05/2022
10 key aspects of the revised EU competition law in the field of distribution...
The new Vertical Block Exemption Regulation (VBER) and the new accompanying Vertical Guidelines (VGL) were published on 10 May 2022. The new VBER will enter into force on 1 June 2022 and apply for the next twelve years. The new VBER/VGL introduce sev

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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...
06/05/2024
Obligation to include a "No Russia clause" in supply agreements
For some export transactions, re-exportation to Russia must be contractually prohibited. Model clauses present conflicts with German law on general terms and con­di­tions.Com­pan­ies must keep abreast of...
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.
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...
24/02/2022
Proposal for EU Data Act adopted – Commission Aims at Boosting Europe’s...
Following consultation and intensive internal discussions in 2021, the European Commission on 23 February released its proposal for a “Data Act”. If adopted by EU lawmakers, this regulation will introduce...
17/08/2021
CMS advises WOW Tech Group on > EUR 1 bn business combination with Lovehoney...
Munich – WOW Tech Group and Lovehoney, two of the global leaders for sexual wellness products, join forces. Together with Swiss brand Amorana – acquired by Lovehoney in 2020 – they now form the...
22/06/2021
Screening foreign subsidies – only for state aid enthusiasts?
In May, the European Commission presented its proposal for a Foreign Subsidy Regulation. In our second DiGI POD episode, Roxana Kruse, Peter Giese and Moritz Pottek will present the key points of the...
21/06/2021
DiGi POD – The podcast series on trending competition law developments
Our podcast series DiGi POD has been created to provide a platform for our clients, competition law experts as well as competition law enthusiasts to stay up to date on the developments and trending topics in connection with competition law. List of episodes:Episode 3: Vertical restraints under the cartel prohibition: what is expected to change after May 2022?Episode 2: Screening foreign subsidies – only for state aid en­thu­si­asts? Epis­ode 1: Digital markets and online platforms
05/05/2021
EU Commission proposes new investigative review tools to tackle market...
On 5th May 2021, the European Commission proposed the Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market (Foreign Subsidies Regulation or FSR)...
06/08/2020
First EU cyber sanctions go live
The EU ventured into new territory on 31 July 2020 by imposing its first ever cyber-sanctions under Council Regulation (EU) 2019/796 of 17 May 2019 ("EU-Cyber Sanctions Regulation"). The new sanctions...