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Dr. Thomas Kapp, LL.M. (University of California)

Lawyer
Partner

Luther Rechtsanwaltsgesellschaft mbH
Augustenstraße 7
70178 Stuttgart

Phone +49 711 9338 12893
Fax +49 711 9338 110
thomas.kapp@luther-lawfirm.com

Languages: German, English, French


Curriculum vitae

Dr. Thomas Kapp was born in 1958. He studied law at the University of Tübingen, Germany, and received his LL.M. from UCLA in the U.S. In 1984, he received his doctorate (Dr. jur.). He was admitted to the German bar in 1987 and began his career as an in-house lawyer for the international accountancy firm Ernst & Young. Dr. Thomas Kapp joined Luther’s predecessor firmas a partner in 1993 and has managed the areas of Antitrust and European Law since 2003.

Areas of Practice

Dr Thomas Kapp advises solely on matters pertaining to antitrust law. He deals with all issues regarding national and international antitrust law, in particular, administrative fine proceedings in connection with breaches of antitrust law, actions for damages, merger control, distribution law, and compliance, including internal investigations.

Court-approved antitrust mediator
Dr. Thomas Kapp is an antitrust mediator approved by the competent German Court of Appeal. As a mediator, he specialises in the out-of-court settlement of claims arising under antitrust law, e.g., for damages, injunctive relief, and supply. A procedure before an antitrust mediator offers several advantages. An agreement concluded by the parties in front of a court-approved mediator has the same effect as a state court judgment. 

Clients
  • Merger control procedures on behalf of clients such as Adolf Würth, Anton Schlecker, Mann + Hummel, Pierre Fabre, Arctic Paper, WMF AG, Augsburger Aktienbank, Koch Neff & Volckmar, Bizerba, Fareva, MBG Baden-Württemberg, Paul Hartmann, SAME-Deutz-Fahr SpA, G. Schneider & Söhne GmbH & Co. KG, Ruag Ammotec GmbH, Carl Zeiss Group, Geberit, Apollo Optik, Friedrichshafen Airport, Viterra/Brunata-Minol
  • Merger control procedures in the hospital sector: clients include. Bergstrasse District Hospital/University Clinic of Heidelberg, Lahn-Dill Clinics/Wetterau Health Care Centre, feasibility study on behalf of the University Clinic of Aachen/Maastricht, Klinikum Region Hannover GmbH/LKH Wunstorf, Gesundheit Nordhessen Holding AG, Dr. Horst Schmidt Clinics/Rhön, University Hospital of Marburg/Gießen, merger of clinics in the Hannover region, Chemnitz-based clinics/ Mittleres Erzgebirge clinics
  • Administrative fine proceedings in connection with breaches of antitrust law in respect of  metal packaging, the sanitary ware wholesale trade, bathroom fixtures, asphalt, prefabricated concrete garages, chipboards, candy, flour mills, pumps, paper wholesale trade (with decision by the German Federal Court of Justice), headdresses, waste disposal industry (two proceedings: boycott and tendering procedure organised by the dual system operator DSD)
  • Pfleiderer Group – preliminary ruling proceedings before the ECJ regarding inspection of records
  • Actions for damages on behalf of Pfleiderer Infrastrukturtechnik GmbH & Co. KG against Deutsche Telekom AG (Higher Regional Court of Munich), on behalf of a paper wholesaler against printing shops (Higher Regional Court of Karlsruhe), on behalf of a flat glass manufacturer against flat glass distributors (Higher Regional Court of Nuremberg), on behalf of Michael Hörauf Maschinenfabrik against Seda (Higher Regional Court of Stuttgart), international arbitration proceedings in Zurich (Switzerland) on behalf of Michael Hörauf Maschinenfabrik against the Japanese wholesaler Altech
  • Distribution cartel law advice to Maria Galland, Koch Neff & Volckmar, Bizerba, Adolf Würth, Aug. Hedinger (chemicals wholesaler), a furniture manufacturer, manufacturer of agricultural machinery, steel manufacturer, clothing retailer
  • Compliance advice to Gelita AG, Carl Zeiss Group, E.ON Energy from Waste, Apollo Optik, Aug. Hedinger (chemicals wholesaler), pharmaceuticals wholesaler, company from the building materials industry, building society, company from the brewing industry, Stuttgart Airport, numerous associations