Legal Areas


Antitrust Law

We advise and represent large and medium-sized enterprises on all aspects of European, German and Russian antitrust law, including merger control, antitrust investigations, the abuse of market power and national and EU state aid law.

What sets us apart

Antitrust law gives rise to both risks and opportunities for companies. Our experts are focused on assisting your company in successfully achieving its business goals while limiting exposure to antitrust risks. Our antitrust team is distinguished by its legal expertise, personal commitment and in-depth knowledge of the industries.

Why come to BEITEN BURKHARDT for antitrust law advice?

Because we provide significant added value with our entrepreneurial thinking, lean structures, innovative solutions and well-established contacts to competition authorities. In antitrust cases this added value is decisive for your company´s commercial success.

Antitrust law is international. Your company is international. Thus, BEITEN BURKHARDT advises internationally. In order to do so, we utilize our own offices in Germany, Belgium, Russia and China. With respect to other jurisdictions we work together with a network of selected first-rate law firms around the world. Global antitrust proceedings? Worldwide dawn raid support? Multi-jurisdictional merger control notifications? We have the team to meet your needs – nationally and globally.

Antitrust investigations

  • Dawn Raid Response Team to provide legal assistance during unannounced searches
  • Defence against the investigative measures of competition authorities and public prosecutors
  • Internal investigations to clarify and establish facts
  • Preparation and submission of leniency applications
  • Worldwide coordination in cross-border antitrust investigations
  • Representation in court proceedings against fines imposed by competition authorities

Antitrust litigation

  • Case analysis and damage assessment; support with data preparation
  • Development of trial and litigation strategies
  • Representation and assistance in enforcing or defending against cartel damages claims
  • Assistance with litigation financing and PR
  • Enforcement of claims for recourse against employees involved in cartels

Merger control

  • Merger control feasibility studies
  • Assistance with the execution of due diligence; Clean team
  • Assessment of the merger control filing requirements in all relevant jurisdictions
  • Representation in merger control proceedings in Germany, the EU and Russia
  • Worldwide coordination in multi-jurisdictional filings
  • Third-party interventions against merger control clearance

Distribution, cooperation and joint ventures

  • Drafting of exclusive and selective distribution and franchise agreements
  • Development of product marketing strategies and preservation of the brand image
  • Structuring of e-commerce and cross-border sales
  • Advising on joint purchasing and cooperation in research and development
  • Advising on the establishment and design of joint ventures

Misuse of market power and sector investigations

  • Advising and representation in investigations by national and EU authorities and before courts in cases of exclusionary, discriminatory or exploitative abuses of market power
  • Advising on sector-specific competition law in relation to the energy, media, telecommunications, banking and insurance industries

Antitrust law compliance

  • Group-wide antitrust risk analyses and audits
  • On-site and online compliance training and development of compliance guidelines
  • Coordination of worldwide dawn raid response teams
  • Whistle blower systems and integrated antitrust law help desks
  • Prevention of cartel damages

State aid and subsidy law, international trade

  • Advising on state aid and subsidy law, including notification proceedings
  • Notifying investment projects in strategic industries (Foreign Trade and Payments Act, AWG)
  • Preparation and submission of complaints and assistance with anti-dumping and anti-subsidy investigations, as well as with any measures imposed in administrative or court proceedings
  • Assistance with applications for state aid

Brussels

Brussels sets the competition law course for Europe. Our lawyers have worked closely with the EU institutions for close to 20 years. This relationship enables us to react swiftly and directly in the case of dawn raids or other similarly urgent issues, particularly those being investigated by the European Commission. In addition, our clients profit from our sound litigation experience before the European Court of Justice. Our international team of lawyers advises on the broad spectrum of antitrust law issues, including the interplay with the following areas of law:

 

Russia

With many years of experience and established contacts to members of the Federal Antimo-nopoly Service, the antitrust law experts of our Moscow office provide companies with comprehensive advice on all areas of Russian antitrust law. When advising on joint ventures and compliance issues, for example, our lawyers work closely together with experts from other areas of our Russia Practice.

China

We provide support to our German and international clients on all antitrust law aspects of their market entry, projects, investments and other business activities in China. With our office in Beijing, we combine local expertise of the highest level with the network and resources of a large international law firm.