Donnersbergerstrasse 5

80634 Munich

Specialist lawyer for international commercial law

Your Antitrust Lawyer

Antitrust and competition law affect all business areas of a company. As a lawyer and specialist lawyer for international commercial law with my office in Munich, I advise manufacturers, suppliers, importers, dealers and sales agencies on a wide variety of antitrust issues.

With my many years of expertise, I can offer you clarity and certainty about your antitrust design options and legal limits. For example, in sales, purchasing groups with competitors, price recommendations, exclusivity agreements, contractual delivery obligations, small business cartels or claims for damages, action against contract terminations and violations of antitrust and competition law. 

  • sales and trading

    Distribution and Trade | E-commerce and online trading | Pricing Specifications | Selective distribution

  • market dominance

    Termination and right to delivery | Exclusivity | Cooperations and SME cartels | Research and Development

  • antitrust violations

    Compensation for price cartels | Compliance | injunctive relief

Antitrust and Competition Law: The Focus Areas

An antitrust violation can occur for any company at various points in the supply chain. From the multitude of antitrust aspects, I have focused on the following topics when advising and representing my clients:

Antitrust law is a special matter. Solid legal knowledge and many years of experience are required to offer you the following solutions. The interfaces to distribution and company law and commercial legal protection are also covered here.

1. Contact and understanding

Feel free to contact me with your antitrust concerns. It is important to me to understand your question and your goal precisely in order to check the appropriate procedure for you in the first step.

2. Options and solution

There are often several paths to a goal. Where this is the case for you, we use my legal assessment to select the combination of options that suits you in order to resolve your issue.

3. Implementation and result

The chosen solution is implemented in a legally compliant manner and continued until the result matches your goal. So that your company can operate safely on the market.

Do you need legal advice?

Of course, you can fully rely on me and my law firm andrelang law in Munich for support. Ask me without obligation.

Antitrust, distribution and e-commerce

Advice between the interfaces of sales, e-commerce and antitrust law

Especially at the interfaces between sales, Ecommerce, as well as antitrust and competition law, I am at your side with my expertise. Antitrust and competition law are largely standardized when it comes to sales in the European Union. Therefore, I offer my advice on sales antitrust law issues in Germany and within the European Union. European standards and decisions of the European Court and the European Commission are particularly important for your sales.

Lawyer Munich
Safe distribution

With advice on sales antitrust law, commercial law and commercial law, I support you in structuring your sales.

Lawyer Munich
Clear contract design
A clear contract design is a prerequisite for the optimal use of legal design options.

 

Lawyer Munich
Ecommerce

I will show you how to make your online trade safe from antitrust law for website use, quality specifications, dual pricing and dual sales.

As a specialist lawyer for commercial and corporate law as well as a specialist lawyer for international business law, I will explain antitrust law to you for the secure structuring of your sales. European sales antitrust law plays a special role in stationary trade as well as in internet sales. Important examples are the Selective Sales and the exclusive distribution, the pricing with discount, bonus and reimbursement systems, the use of commercial agents, the Protection against gray market imports as well as the role of sales platforms or price comparison portals.

Hardly any client can avoid the topics of e-commerce and selective sales, with selection criteria for the selection of authorized dealers. With my law firm, I will help you to apply antitrust law with legal certainty in order to provide optimal support for your sales law issues. 

Pricing and indirect pricing must comply with antitrust and competition laws. Platform bans, price comparison portals or the use of a price algorithm to set prices are important focal points of a modern e-commerce concept. These must be well secured in competition. Antitrust and competition law and commercial legal protection, trademark law and regulations on fair competition also overlap in sales and e-commerce with sweepstakes.

Lawyer Munich

Exclusivity and termination of supply contract

Antitrust issues in the case of exclusivity in contractual relationships, termination of supply contracts and entitlement to supply

Exclusive delivery ensures you or your contractual partner special access to products, components or services. If you exclude your competitors from sources of supply or supply, you must do so in accordance with antitrust laws. Likewise, you can defend yourself against an unjustified termination of your supply contract and the refusal to supply. As a specialized lawyer, I will examine your legal position, support you with draft contracts and show you alternatives to possible antitrust violations.

The question of a claim for delivery often arises – despite termination. If your company is dependent on a manufacturer or supplier for business reasons, you may be entitled to a delivery claim. This is especially true if you have to offer a certain range of products in order to survive in the market. Brand manufacturers who have a particularly prominent market position may be obliged to supply you. In such cases, I clarify to what extent there is a dependency on the product range, check the claims of my clients and assume representation in negotiations.

Cooperation and the SME cartel

Advice on cooperation with competitors and small and medium-sized business cartels

As a specialist lawyer for international commercial law in Munich, I advise my clients on cooperation with competitors in Germany and across borders in the European Union. Cooperations are created through simple contracts, as medium-sized cartels or joint ventures such as joint ventures. These collaborations serve different purposes. This often involves purchasing cooperations, sales partnerships or joint research, development and marketing.

If cooperation leads to efficiency gains and the customer also benefits, there are a number of legal options. I'll make the best use of this for you. If you are planning more critical agreements for your company, such as exclusive supply agreements, area exclusivity, customer assignments or the exchange of information, I will develop ideal solutions for your company. Competition and antitrust law are always in flux.

The European regulations on cooperation between competitors are constantly evolving. If your company needs advice on a cooperation with a current or potential competitor, you are welcome to contact me at any time.

 

market dominance

Assisting in market dominance or its abuse

Your entrepreneurial success can come up against the limits of antitrust law. If you have a market share of more than 40 % with your company alone or with competitors, antitrust law sets limits in dealing with customers and suppliers. Antitrust laws do not prohibit your market power or dominance. However, it prohibits their misuse. Many companies seek my advice and support as a lawyer in connection with market dominance. In particular, freedom of contract may be restricted.

Examples of this are delivery obligations due to a dominant position or specific product range-related dependency and market dominance. Discount systems, the licensing of patents and the design of delivery conditions are usually left to the respective company. In the case of a dominant position, however, antitrust law sets limits in order to avoid antitrust discrimination or hindrance. Loyalty discounts, the exclusion of licensees and customers or deviating delivery conditions may become inadmissible.

If, for example, delivery is refused, it must always be ruled out that this constitutes an abuse of a dominant position. With my office for international commercial law and as a specialist lawyer for commercial law and corporate law, I will represent you in negotiations with your contractual partner. Furthermore, I develop the best defense strategies for your company. 

As your specialist lawyer, I will clarify the legal options for you if you make a business decision, do not want to supply a certain company with products or do not want to provide software solutions and services.

merger control

Navigating complex merger control procedures

Merger control is a central and often complex area of law in antitrust law. Companies planning a merger or takeover are faced with numerous legal hurdles, and inadequate handling of the procedure can have serious consequences. With my law firm based in Munich, I offer companies comprehensive advice and support in any merger control proceedings.

The first question is always whether the area of merger control is even open. I focus on checking that all aspects of antitrust law are correctly taken into account. With my support, companies can approach the often difficult process of merger control with confidence.

Antitrust claims for damages

Antitrust law: Damages for violations of the antitrust ban

Antitrust lawsuits for damages are also important instruments in antitrust law. By means of these lawsuits, affected companies can effectively defend themselves against antitrust violations, in particular against price cartels. If price cartels are uncovered, the responsible antitrust authority, such as the European Commission or the Federal Cartel Office, begins fine proceedings. 

If an antitrust violation is determined, I will support you in examining and asserting claims for damages. Since antitrust lawsuits for damages do not only apply to antitrust and competition law, my expertise as a litigation lawyer and my experience before courts are very important here.

Current case law will continue to shape processes relating to damages in the event of a violation of the prohibition on cartels. The most recent case law of the Federal Court of Justice in the rail cartel and the judgments in the truck cartel of the Munich Regional Court raise important questions about the statute of limitations and the calculation of damages. In order to develop and enforce the best legal position for your company, I use this case law for you. As a client, it doesn't matter to you whether your company or your contractual partner is based in the same region, in another federal state or in another European country in the EU area. As your lawyer, I always take European and German antitrust law into account.

antitrust law, research and development

Advice on cooperation with companies from research and development

As a lawyer, I advise many clients on cooperation with current or potential competitors. Small and medium-sized enterprises (SMEs) often have special know-how that large industrial companies lack. Large players therefore look for industrial partnerships for research and development projects, as well as for projects from purchasing groups. In the Munich area and other metropolitan regions in particular, there are many specialized engineering companies based whose know-how international corporations are happy to draw on. Therefore, antitrust advice for medium-sized engineering companies in the area of research and development and marketing of product developments is a particular focus of advice on antitrust law and competition law at the interface with intellectual property law.

Lawyer Munich

 

Negotiations with large companies, which often involve their purchasing and legal departments and external lawyers, can make you suspicious. As a lawyer, I know both sides and therefore the interests of industrial companies and engineering companies. I support you in the entire process of cooperation, starting with the contract negotiations in German or English, through the execution of the contract, to the end of the project. The duration of exclusivity, marketing, customer allocation and the use of patents plays a special role here. With my experience, you avoid misunderstandings and benefit from strengthening your negotiating position.

Antitrust and Compliance

Support at the interface of antitrust law and compliance

As a lawyer in Munich, I not only inform my clients about antitrust limits in purchasing, sales or research and development. I will also represent you in court proceedings and handle communication with the Federal Cartel Office and other authorities. As the owner, managing director and CEO, you are legally obliged to take preventive measures in your company to prevent legal violations. As a specialist lawyer for international commercial law, I advise you accordingly at the interface of European and German antitrust law, as well as compliance. 

Compliance guidelines are of particular importance in medium-sized companies. Compliance guidelines are guidelines for the appropriate behavior of management, your business partners and your employees, which you must regulate. Aspects of other areas of law, such as commercial legal protection, also play an important role. Compliance and antitrust law are of great importance in the digitization of internal processes and the digital exchange of data with partners, customers and suppliers. Agreements and contracts for exclusive supplies, sole distribution and non-competition clauses should always be checked and drafted in accordance with antitrust law. As your lawyer, I see myself as your sparring partner. 

I support you with binding guidelines, employee training and control systems. In this way you can avoid possible unintentional violations of antitrust law and set up your sales, your cooperation and the procurement of products and services in a legally secure manner.

Lawyer Munich
Your sparring partner
I check whether the compliance guidelines are observed. I will train you and your employees to ensure that everything continues to be compliant in the future
Lawyer Munich

antitrust violations

Solutions for antitrust violations

The consequences of violating antitrust laws can be unpleasant. If a contract between you and your contractual partner contains clauses that violate antitrust law, the contract can usually not be maintained. In the worst case, the contract could become null and void and you can no longer invoke the contract. Regulations in a contract that are relevant under antitrust law also include, for example, area allocations, customer allocations, delivery restrictions and sales specifications.

I advise you in detail on the drafting of contracts with partners and customers, as well as on how to proceed if violations of antitrust law can be proven. If you are faced with fines, I will take over the communication with the antitrust authorities such as the Federal Cartel Office and your representation before them. As a specialist lawyer for international business law and specialist lawyer for commercial and corporate law in Munich, I will also be happy to advise you on changes in the law.

MP:
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Dr. Andrelang guided our company through a complex antitrust investigation. His profound knowledge and goal-oriented approach were indispensable. We felt we were receiving excellent advice at all times.
AS:
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Dr. Andrelang is our first port of call when it comes to antitrust law. He knows how to explain complex issues in an understandable way and act strategically.
LL
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For us as a young company, antitrust law was new territory. Thanks to Dr. Andrelang, we were able to ensure that we correctly observed all legal aspects. His commitment and expertise are impressive.
HW:
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Mr. Andrelang has been supporting us in antitrust matters for years. His proactive approach and in-depth understanding of our industry make the collaboration particularly valuable.
FF:
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As an entrepreneur, there is no way around Dr. Andrelang. His advice is always well-founded and practice-oriented. He has saved us from potential pitfalls on several occasions.
AW:
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In an international antitrust case, lawyer Andrelang was an indispensable support for us. His forward-looking planning and detailed analysis contributed significantly to the positive outcome.
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clients

Voices

"Secure and compliant: your legal options in competition."

Attorney Dr. Andrelang
Lawyer Corporate Law and Commercial Law

dr Andrelang, LL. M

Specialist lawyer for international business law

Specialist lawyer for commercial and corporate law

Requests

Ask your legal advice!

If you would like to make use of my services as a lawyer and specialist lawyer for corporate and commercial law, please do not hesitate to contact me at any time.

You can reach my law firm andrelang law by telephone on the number 089/2020 1272, per email to candrelang@andrelang-law.com or about that online contact form. I look forward to welcoming you to my office soon.

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Current articles on the subject of cartel

discount systems in distribution contracts

The lack of a general ban on discrimination in EU and German antitrust law means that companies can treat retailers differently. Find out why discounts can be problematic under antitrust law if they drive out competition.

Further >