Restrictions on competition agreed by companies are not tolerated in most parts of the world and are often sanctioned draconically. This is why you should choose the antitrust strategy for your company with foresight in order to carefully achieve maximum success in business within the framework defined by antitrust and competition law. Our team provides excellent advice when it comes to identifying risks at an early stage, identifying and benefitting from room to manoeuvre in the of the full range of antitrust: distribution and in the cooperation of companies, successfully handling mergers and cartel notifications, as well as developing action plans and defence strategies, in particular when monetary fines or damages are imminent. We combine multidisciplinary expertise and experience, both in the traditional industries as well as in the digital economy.
In close cooperation with you, we can ensure that risks of legal infringements within your company are identified and minimised at an early stage. For this purpose, we provide effective and tailor-made compliance measures that suit your business culture. Should there ever be a suspicion of legal infringements despite such measures, we conduct internal investigations to help you clarify the matter and also provide assistance during inspections and searches if the antitrust authorities have already initiated investigations at your company (so-called dawn raids). Together with you, we can develop the appropriate defence strategy and represent you vis-à-vis the European Commission, the Federal Cartel Office (Bundeskartellamt), and the District Attorney’s Office, as well as before German and European courts.
We provide advice on cooperations with other companies, be they competitors, suppliers, purchasers, or project partners. For example, we provide our expertise on how to structure joint ventures in conformity with antitrust law and on drafting distribution, licence and cooperation agreements of whatever kind. If necessary, we also help you enforce these agreements in court.
Together with our litigation/arbitration specialists, we comprehensively advise on the enforcement and defence of civil-law claims that are rooted in antitrust law, for example, claims for (antitrust) damages, cease and desist or supply – also by way of injunctive relief where quick action is needed.
If an acquisition is planned, we can safely navigate you through the required approval procedures with the antitrust authorities and around any other pitfalls that may be encountered prior to implementation. We examine whether the proposed transaction needs to be notified to the antitrust authorities worldwide and whether it is capable of being approved. We do not only carry out the antitrust due diligence, but additionally ensure that the sales or purchase procedure remains within the limits of what is permitted under antitrust and competition law.
Because of our in-depth industry knowledge, in particular in the areas of Energy, Health Care & Life Science, Information Tech & Telecommunications, Mobility & Logistics, and Real Estate & Infrastructure, in addition to our team’s many years of antitrust expertise, we are the ideal partner for your antitrust and competition law issues. This is underlined by the fact that as a full service law firm we can always involve colleagues specialising in other areas of law, such as public subsidies/state aid law, international trade law or litigation.
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The Luther antitrust team offers a specialized antitrust mediation service. Agreements concluded before the Luther antitrust mediators have the same legally binding effect as judgments by German courts. They can be enforced in the same manner as final judgments rendered by state courts. In Germany, claims for damages or injunctions based on antitrust law may not only be raised in state courts. Rather, the parties can come to agreement with each other in a fast and flexible mediation procedure.
Dr. Helmut Janssen, LL.M. (London)
Anne Caroline Wegner, LL.M. (European University Institute)
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Aspects juridiques de la reprise d’une entreprise
Legal aspects of taking over a company