Areas of law

Antitrust Law

Antitrust law is a key issue for companies and associations and must be considered, e.g. , in connection with transactions, cooperations, sales, compliance and many other areas. Violations can result in drastic sanctions. At the same time, antitrust regulations are constantly becoming more complex, which makes it increasingly difficult to avoid serious violations.

We advise large and medium-sized companies in all areas relating to German and European antitrust law. Our clients include both German and international companies. We represent their interests vis-à-vis third parties, before antitrust authorities and in court. Thanks to close contacts with law firms in other countries, our attorneys are able to reliably implement international projects as well.

We support you in your transactions by

reviewing antitrust and foreign trade law reporting obligations
planning and conducting merger control proceedings. We also coordinate merger control proceedings in multiple countries in connection with international transactions
planning and implementing foreign trade investment control proceedings
drafting and negotiating paragraphs in transaction agreements relating to antitrust law
examining the antitrust-related risks of the target company and advising on the limits of the exchange of information as well as the use of safeguards such as clean teams in connection with due diligence

We assist you in your cooperations by

helping with the structuring of cooperations with competitors and non-competitors under antitrust law, including in the areas of research and development, production, marketing, purchasing or standardization
drafting agreements on industrial property rights and know-how, particularly licensing agreements, delimitation agreements and settlement agreements
providing market information systems/benchmarking
drafting contracts and assisting with contract negotiations
providing guidelines for employees on how to comply with antitrust law
assessing the admissibility of cooperations under antitrust law
establishing joint ventures

We advise on your distribution systems by

providing antitrust law advice to manufacturers and trading companies on distribution systems of all types, including selective distribution systems, exclusive distribution, online distribution, commission agent and commercial representative distribution as well as on all other legal aspects of such distribution systems
providing assistance with the selection of suitable distribution systems
designing distribution systems and discount systems, including for market-leading companies
assisting with the design of trading platforms and other online sales models
providing support for the roll-out of national and international distribution systems

We support you in connection with compliance issues by

performing antitrust risk analyses and audits
carrying out internal investigations as required
providing assistance with the design of customized compliance measures
preparing guidelines and directives
offering training and workshops for management and employees from various departments such as sales, purchasing, HR and legal
drafting guidelines and offering training on what to do during searches ("dawn raids")

We represent you in sanctioning and administrative proceedings by

offering comprehensive representation before antitrust authorities and in court
investigating the facts of the case
attending searches ("dawn raids")
providing criminal law advisement on antitrust violations
offering assistance with leniency applications
handling complaints of antitrust-law violations by other market participants

We enforce and defend against claims by

offering extrajudicial and judicial representation before national courts and arbitration tribunals
enforcing claims for damages relating to antitrust law, ranging from offering opinions on the prospects of success and a quantification of the damages in coordination with economic experts to out-of-court negotiations and representation in court
defending you against third-party claims for antitrust damages: from determining the defense strategy and coordinating with economic experts to out-of-court negotiations and representation in court
providing assistance with other antitrust claims, particularly claims for injunctive relief, delivery or access to data
providing assistance in connection with other legal disputes relating to antitrust law

Reference assignments

Creation of international selective distribution systems in various industries (including consumer goods, electrical tools, medical devices), assistance with the implementation of such systems, including negotiations with contractual partners

Preparation of antitrust law self-assessments on various cooperations, e.g., on the cooperation of two competitors in the field of research and development with regard to alternative drive technologies

Comprehensive antitrust law consulting services on the dissolution or restructuring of various joint ventures following the German Federal Cartel Office’s sector inquiry into ready-mixed concrete

Periodic assistance with merger control proceedings as the notifying party or in the interest of another market participant before the German Federal Cartel Office and the European Commission, including a successful prevention of a prohibition in a main review procedure of the German Federal Cartel Office, and a successful appeal against a merger in the context of European Commission proceedings in order to obtain conditions in our client client’s favor.

Representation of companies in investment review proceedings subject to foreign law carried out by the German Federal Ministry of Economics, including applications for the issuance of a clearance certificate, compliance with a reporting obligation

Judicial enforcement of antitrust damages claims due to the refusal of a dominant company to supply

Judicial and extrajudicial enforcement of antitrust claims for damages brought by customers of various cartels

Declaration of enforceability relating to a foreign arbitral award in Germany against antitrust law objections by the debtor with an amount in dispute of more than 100 million euros

In-house training courses on antitrust law, e.g., a series of small group training courses for the client’s sales staff in Germany and other EU countries in German and English

Industries and Expertise

Specialists

Dr. Martin Beutelmann, LL.M.

Partner

Attorney-at-law (Germany)

Hendrik Howaldt Attorney at Law

Attorney-at-law (Germany)

Dr. Roman Wexler-Uhlich

Partner

Attorney-at-law (Germany)

Publications

More publications

Updates

News

2024

BRP RENAUD at the German Jurists Conference 2024

The 74th Deutscher Juristentag e.V., Europe’s largest legal convention, offered exciting and groundbreaking discussions in Stuttgart this year.
From 25 to 27 September 2024, around 2,300 participants discussed key issues from the areas of civil law, labor and social law, criminal law, public law, business law and media law. The resolutions passed at the convention attract a great deal of attention from politicians, scientists and the public. We were honored to have sponsored the conference and thus to have contributed to the further development of the legal landscape.

News

2024

Best Law Firms 2024: Three national and fifteen regional rankings

In collaboration with Best Lawyers, the Handelsblatt published this year for the very first time the “Best Law Firms in Germany” ranking and we are thrilled about the numerous awards we received! With three national and fifteen regional rankings, BRP RENAUD is one of the leading law firms in Germany

News

2024

FOCUS magazine 2024: Three awards for BRP RENAUD

BRP RENAUD recommended once again in the latest special issue of FOCUS magazine “Recht & Rat 2024“ [legal issues and advice]: Thanks to our antitrust law practice group and the large number of recommendations we received, we are among the top commercial law firms in Germany. Congratulations to the antitrust law team led by Dr. Martin Beutelmann and Hendrik Howaldt!

News

2024

BRP RENAUD advises on the acquisition of KURZ Silosysteme by QVM Privatkapital

KURZ Silosysteme, a company that specializes in silo and plant construction, was majority acquired by the investment company QVM Privatkapital as part of a succession plan. The previous sole shareholders will remain actively involved with a minority share and the managing partner will remain managing director. With a team led by Dr. Axel Neumahr, BRP RENAUD provided comprehensive legal advice to the shareholders of KURZ Silosysteme on this transaction.

KURZ Silosysteme, founded in 1927, designs and manufactures high-quality steel silo systems for bulk materials, among other things, and acts as a reliable partner to international plant manufacturers. Through its successful fusion of state-of-the-art technologies, cross-industry expertise and decades of experience, KURZ Silosysteme has developed into a globally sought-after expert for the engineering and manufacture of silos, as well as complex silo systems.

QVM Privatkapital is an independent, owner-managed investment company that provides equity capital to mid-sized companies in German-speaking regions. The capital is invested by QVM management and a fixed group of successful entrepreneurs.

The acquisition by QVM Privatkapital is intended to ensure that KURZ Silosysteme remains on a successful growth path and achieves further technological advances.

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