Donnersbergerstraße 5

80634 Munich

Antitrust

Antitrust law focuses

Antitrust and competition law affect all business areas of a company. As a lawyer and specialist in international business law with my office in Munich, I advise manufacturers, suppliers, importers, distributors and sales agencies on a wide range of antitrust issues. With my many years of expertise, I can offer you clarity and certainty regarding your antitrust options and limits. For example, in distribution, purchasing pools with competitors, price recommendations, exclusivity agreements, contractual delivery obligations, medium-sized cartels or claims for damages in the event of violations of antitrust and competition law.

Solutions offered by my law firm

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

The solutions in detail

Antitrust law is a specialized field. Solid legal knowledge and many years of experience are required to provide you with the following solutions. Here, the intersections with distribution and corporate law and intellectual property law are also covered.

Do you need legal advice?

If you want to use my services as a specialist lawyer for corporate and commercial law, feel free to contact me at any time.

Particular services

Antitrust, distribution and e-commerce

Consulting across the intersections of distribution, e-commerce and antitrust law

No client can avoid the issues of e-commerce, as well as selective distribution, with criteria for the selection of authorized dealers. My law firm helps you to apply antitrust law to take care of your distribution law issues. Also with the  optimization of your market-driven online trade, I am by your side with advice and action. 

The price designs must, due to indirect price specifications also be in line with antitrust and competition law. Platform bans, price comparison portals or the use of a price algorithm to set prices are important core elements of a modern e-commerce concept. These must be well protected in the competitive environment. In sales and e-commerce with sweepstakes, antitrust law and competition law also overlap with intellectual property law, trademark law and fair competition regulations.

Exclusivity and supply

Antitrust issues relating to exclusivity in contractual relationships, cancellation and supply liability

Exclusive supply secures you or your contractual partner special access to products, components or services. If you exclude your competitors from sources of supply or delivery, you must do so in accordance with antitrust law. As a specialized lawyer, I examine your legal position, support you with contract drafts and show you alternatives to possible antitrust violations. 
 
Often, despite termination, the question of a supply claim arises. If your company is dependent on a manufacturer or supplier, you may be entitled to a supply claim. This is especially true if you have to offer a certain product range 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 the extent to which product range dependency exists, examine my clients’ claims and provide representation in negotiations.

Cooperation and cartels of medium-sized companies

Consulting on cooperation with competitors and cartels of medium-sized companies

As a specialized lawyer for international business law in Munich, I advise my clients on cooperations with competitors in Germany as well as cross-border in the European Union. Cooperations are created by simple contracts, as middle class cartels or joint ventures such as joint ventures. These cooperations serve different purposes. Frequently, it is a matter of purchasing cooperations, sales cooperations or joint research, development and marketing.

If cooperations lead to efficiency gains and the customer also benefits, there are several legal options. I make the best possible use of these for you.  If you are planning more sensitive agreements for your company, such as exclusive supply agreements, territorial exclusivity, customer allocations or the exchange of information, I will develop ideal solutions for your company. In addition, competition and antitrust law are always in flux.

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

Market dominance

Support in the case of market dominance

Your entrepreneurial success may encounter antitrust law limits. 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. Many companies seek my advice and support as a lawyer in matters relating to market dominance. 

Examples of this are obligations to supply due to a dominant position or concrete product range-related dependence and market dominance. Discount systems, the licensing of patents and the design of supply conditions are usually left to the respective company. In the case of a dominant market position, however, antitrust law sets limits to avoid discrimination or obstruction in violation of antitrust law. In this context, fidelity rebates, the exclusion of licensees and customers or deviating delivery conditions can 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 top law firm for international business 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 defence strategies for your company. 

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

Antitrust damages actions

Compensation for damages in the case of violations of antitrust laws

Actions for compensations under antitrust law are also among the most important instruments in antitrust law. By means of these actions, affected companies can effectively defend themselves against cartel violations, especially against price cartels. If price cartels are uncovered, the relevant antitrust authority, such as the European Commission or the German Federal Cartel Office, begins fine proceedings. 

If a cartel violation is established, I will support you in examining and asserting claims for damages. Since antitrust and competition law are not the only laws that apply to antitrust damages claims, my expertise as a litigation lawyer and my experience in the courts are very important here.

Current case law will continue to shape lawsuits relating to compensation for damages in the event of a violation of the ban on cartels for a long time to come. In particular, the recent case law of the German Federal Court of Justice in the rail cartel and the rulings in the truck cartel of the Munich Regional Court raise important questions regarding the statute of limitations and the calculation of damages. In order to develop and enforce the best legal position for your company, I exploit this case law for you. As a client, it does not matter to you whether your company or your contractual partner is located in the same region, in another federal state or in another European country in the EU area. As your lawyer, I always take into account European and German antitrust law.

Antitrust law, research and development

Consulting for 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 in projects from research and development, as well as in projects from purchasing pools. Especially in the Munich area and other metropolitan regions, many specialized engineering companies are located, on whose know-how international corporations gladly fall back. Therefore, the antitrust law advice of medium-sized engineering companies in the field of research and development and marketing of product developments is a special focus of advice in the field of antitrust law.

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

Antitrust law and compliance

Consulting support at the junction of antitrust law and compliance

As a lawyer in Munich, I not only clarify antitrust boundaries for my clients in purchasing, sales or research and development. But I also represent you in court proceedings and take over the communication with the Federal Cartel Office and other authorities. As owner, managing director and CEO, you are legally required to take preventive measures in your company to avoid violations of the law. As a specialist lawyer for international business law, I advise you accordingly at the intersection of European and German antitrust law, as well as compliance. 

Compliance guidelines are of particular importance in medium-sized companies. Compliance guidelines are specifications for the appropriate behavior of the management, their business partners and your employees, which must be regulated by you. Aspects of other areas of law, such as intellectual property rights, also play an important role. Compliance and antitrust law are of great importance in the digitalization of internal processes and the digital exchange of data with partners, customers and suppliers. Agreements and contracts on exclusive supply, exclusive distribution and non-competition clauses should always be examined and designed in accordance with antitrust law. As your attorney, I see myself as your sparring partner in this regard. 

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 cooperations and the procurement of products and services in a legally secure manner.

Antitrust violations

Solutions for antitrust violations

The consequences from violations of antitrust law can be unpleasant. If a contract between you and your contractual partner contains clauses that violate antitrust law, the contract usually cannot be upheld. In the worst case, the contract may become null and void and you will no longer be able to rely on it. Provisions in a contract that are relevant under antitrust law also include, for example, territorial allocations, customer allocations, supply restrictions and distribution specifications.

I will advise you in detail on the drafting of contracts vis-à-vis partners and customers, as well as on how to proceed if violations of antitrust law can be proven. Should fines be imposed on you, I will take over the communication with the antitrust authorities such as the Federal Cartel Office and your representation there. I will also be happy to advise you on changes in the law as a specialized lawyer for international business law and a specialized lawyer for commercial and corporate law in Munich.

Make a request

Ask for your legal advice!

If you want to use my services as a specialist lawyer for corporate and commercial law, feel free to contact me at any time. My law firm andrelang law can be reached by calling 089/2020 1272, email candrelang@andrelang-law.com or using the online contact form. I look forward to welcoming you soon in my office.

Dr. Andrelang, LL. M.

certified lawyer international trade law

certified lawyer commercial and corporate law