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Competition

Germany

Our competition law expertise stretches back almost 40 years. With some 200 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
The CMS Com­pet­i­tion Group has more than 180 com­pet­i­tion law­yers in 48 cit­ies in 34 coun­tries, mak­ing it one of the largest com­pet­i­tion teams in Europe. We can read­ily bol­ster our teams with com­pet­i­tion spe­cial­ists, en­sur­ing your mer­ger or car­tel cases are ad­equately staffed at any time with ex­perts know­ing their law and your busi­ness.Our wide­spread loc­al pres­ence – com­ple­men­ted by the CMS EU Law Of­fice in Brus­sels – is unique in Europe. The un­ri­valled pan-European CMS Dawn Raid Re­sponse Team is a good ex­ample of what our cov­er­age holds for our cli­ents. Smooth and ef­fi­cient hand­ling of mul­tina­tion­al mer­gers is an­oth­er. Our strong loc­al roots en­sure that we can provide do­mest­ic ex­pert­ise in your mar­kets.The scope of our pres­ence is matched by the breadth of our ex­pert­ise. While we do have an im­press­ive track re­cord of hun­dreds of mer­ger con­trol cases and reg­u­larly pub­lish the highly ac­claimed CMS Guide to Mer­ger Con­trol in Europe, our cap­ab­il­ity at CMS is not lim­ited to trans­ac­tion­al mer­ger con­trol. In line with our full ser­vice concept we provide our cli­ents with real ex­pert­ise in all fields of com­pet­i­tion law at European Uni­on and na­tion­al levels.To find your loc­al CMS Com­pet­i­tion con­tact, please view the PDF be­low.
January 2015
CMS Com­pet­i­tion Group
Why choose CMS for com­pet­i­tion law?The CMS Com­pet­i­tion Group is one of the largest com­pet­i­tion teams in Europe and at the same time the most wide-spread in terms of coun­tries covered. We of­fer a one-stop-shop solu­tion to cli­ents for all their com­pet­i­tion law needs across Europe and bey­ond. With a track re­cord of more than 40 years of ex­per­i­ence CMS law­yers have been in­volved in a high num­ber of com­pet­i­tion cases, many lead­ing to land­mark de­cisions by the EU courts or a na­tion­al level.The CMS Com­pet­i­tion Group acts for cli­ents in all areas of com­pet­i­tion law: mer­ger con­trol, car­tels, ab­use of dom­in­ance, ho­ri­zont­al and ver­tic­al re­straints, private en­force­ment, in­vest­ig­a­tions, and com­pli­ance.Our glob­al ap­proach is re­flec­ted by our of­fer­ing and track re­cord. Next to our loc­al ad­vice we of­ten co­ordin­ate work that in­volves oth­er jur­is­dic­tions out­side Europe. In this case, we work to­geth­er with mem­ber firms of the World Law Group, an or­gan­isa­tion which was co-foun­ded by CMS mem­ber firms and com­bin­ing 52 lead­ing law firms world­wide.

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04/06/2020
John­son & John­son ad­vised by CMS in suc­cess­ful ap­peal against Schleck­er’s...
Frank­furt High­er Re­gion­al Court has re­jec­ted the ap­peal brought by the Schleck­er in­solv­ency ad­min­is­trat­or against the dis­missal of the claim for dam­ages handed down by Frank­furt Re­gion­al Court...
02 July 2020
EU agrees new class ac­tion re­gime for con­sumer dis­putes
After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...
11/09/2019
CMS ad­vises share­hold­ers in Pan­or­ama Fach­k­linik­en on sale to Ober­berg Group
A CMS team headed by lead part­ner Dr Re­gine Ha­gen-Eck ad­vised the share­hold­ing Obenaus fam­ily on all leg­al as­pects through­out the sale of the Pan­or­ama Fach­k­linik­en hos­pit­als...
19 June 2020
Can con­sumer pro­tec­tion groups claim for GDPR in­fringe­ments?
Since the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (“GDPR”) came in­to force, there has been con­tro­versy in Ger­many as to wheth­er third parties not dir­ectly af­fected by data pro­cessing, can claim if the...
September 2019
CMS Com­pet­i­tion Con­tact Card
10 June 2020
European Com­mis­sion pub­lishes sup­port stud­ies for the eval­u­ation of the...
The European Com­mis­sion has pub­lished sup­port stud­ies for the eval­u­ation of the Ver­tic­al Block Ex­emp­tion Reg­u­la­tion. The key find­ings in­clude that al­though the VBER and Ver­tic­al Guidelines re­main rel­ev­ant...
19/06/2019
CMS ad­vises US in­sur­tech firm Lem­on­ade on en­ter­ing the Ger­man mar­ket
US on­line in­sur­ance com­pany Lem­on­ade is en­ter­ing the Ger­man mar­ket, ini­tially of­fer­ing house­hold con­tents and li­ab­il­ity in­sur­ance. Ger­many was chosen as the first European coun­try for ex­pan­sion of the in­sur­tech firm out­side the US, with Am­s­ter­dam serving
02 June 2020
Mer­gers: European Com­mis­sion opens in-depth in­vest­ig­a­tion in­to Air Canada's...
On 25 May 2020, the European Com­mis­sion de­cided to open an in-depth in­vest­ig­a­tion un­der the EU Mer­ger Reg­u­la­tion in­to the ac­quis­i­tion of Transat by Air Canada. The Com­mis­sion is con­cerned that the ac­quis­i­tion...
May 2019
AB In­Bev hit with a EUR 200 mil­lion fine for re­stric­tion of cross-bor­der...
On 13 May 2019 the European Com­mis­sion fined AB In­Bev EUR 200 mil­lion for ab­us­ing its dom­in­ant po­s­i­tion in the beer mar­ket by re­strict­ing cross-bor­der sales of its products...
18 May 2020
COV­ID-19: European Com­mis­sion au­thor­ises EUR 550 mil­lion Ger­man state-guar­an­teed...
At the end of April 2020, the European Com­mis­sion au­thor­ised a pub­lic loan guar­an­teed by the Ger­man State for an amount of EUR 550 mil­lion in fa­vour of Condor, a Ger­man charter com­pany, un­der the European...
07/05/2019
CMS sup­ports Bechtle on ac­quis­i­tion of IT spe­cial­ists Bück­er and Cof­fee
CMS Ger­many has ad­vised Bechtle AG on its ac­quis­i­tion of spe­cial­ist firms R. Bück­er EDV-Be­r­a­tung Dat­en­tech­nik GmbH and Cof­fee GmbH. A team headed by Dr Har­ald Kah­len­berg ad­vised the IT group on mer­ger con­trol as­pects of the trans­ac­tions...
13 May 2020
Coronavir­us crisis: European Com­mis­sion ex­tends its State aid Tem­por­ary...
The European Com­mis­sion ad­op­ted on 11 May 2020 a second amend­ment to ex­tend the scope of the State aid Tem­por­ary Frame­work ad­op­ted on 19 March 2020. It aims at provid­ing Mem­ber States with new in­stru­ments...