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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

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