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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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July 2019
CMS Com­pet­i­tion Con­tact Card
January 2015
CMS Com­pet­i­tion Group

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11/09/2019
CMS ad­vises share­hold­ers in Pan­or­ama Fach­k­linik­en on...
30 Aug 19
Vic­tory for Face­book as Düs­sel­dorf court sus­pends the Bundes­kar­tellamt's...
In a dra­mat­ic, if tem­por­ary, turn­around, Face­book achieved its first suc­cess against the Feb­ru­ary 6 de­cision of the Bundes­kar­tellamt (B2 – 22/16), which had ruled that Face­book had ab­used its po­s­i­tion...
July 2019
CMS Com­pet­i­tion Con­tact Card
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...
19/06/2019
CMS ad­vises US in­sur­tech firm Lem­on­ade on en­ter­ing...
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...
May 2019
AB In­Bev hit with a EUR 200 mil­lion fine for re­stric­tion...
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....
07/05/2019
CMS sup­ports Bechtle on ac­quis­i­tion of IT spe­cial­ists...
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...
26/04/2019
CMS ad­vises Bechtle on ex­pan­sion of man­aged ser­vices...
25/04/2019
CMS ad­vises Cor­pus Sireo and Swiss Life Group on sale...