Dr Sebastian Felix Janka, LL.M. (Stellenbosch)

Dr Sebastian Janka advises national and international clients on European and German antitrust law and foreign direct investment control (FDI). His advisory services cover inter alia M&A/transactions (merger control by the European Commission and the German Federal Cartel Office, FDI control cases, and coordination of multijurisdictional filings), antitrust investigations and fine proceedings conducted by the European Commission and the German Federal Cartel Office, damages proceedings, and other judicial and extra-judicial disputes (before German courts, the European General Court, and the European Court of Justice), and compliance advice. Another focus of his work is digital business models. Sebastian Janka has been appointed Ambassador of the Artificial Intelligence Center Hamburg (ARIC) e.V. and elected member of the Legal (Antitrust) Working Group of “Plattform Industrie 4.0”, a digitisation project initiated and directed by the German Federal Ministry for Economics Affairs and Climate Action (BMWiK) and the German Federal Ministry of Education and Research (BMBF), leading industry associations, and top-ranking representatives of the business and scientific communities and trade unions.

Antitrust Law
Compliance & Internal Investigations
Corporate/M&A
Digital Infrastructure

Dr Sebastian Janka studied law at the Universities of Hamburg (Germany), Bordeaux (France), and Stellenbosch (South Africa) and did both his doctorate and his Master of Laws (LL.M.) on an antitrust law topic. As part of his legal training, he worked for the German Federal Cartel Office in Bonn (Germany) and the law firm M&M Bomchil in Buenos Aires (Argentina), amongst others. Sebastian Janka was admitted to the German Bar in 2008 and worked for the international law firm Noerr LLP as an associated partner in the area of antitrust law until mid-2019. In 2014, he did a secondment in the Antitrust Division of the US law firm Simpson Thacher & Bartlett in New York (USA). Sebastian Janka joined Luther as a partner in 2019.

Sebastian Janka has authored numerous publications on matters relating to antitrust and sports law. Furthermore, he is a frequent lecturer and moderates discussions on the topic of antitrust law at national and international conferences. He is a member of, inter alia, Studienvereinigung Kartellrecht, an association of German-speaking lawyers specialising in antitrust law, the American Bar Association (ABA), Forum Investitionsprüfung e.V., an association encouraging discussion about topics related to foreign investment review, and the International Association of Young Lawyers (AIJA). At Luther, he is a member of the Information Tech & Telecommunications and Mobility & Logistics industry groups.

• JUVE Guide 2024/2025: Listed under "Frequently Recommended" in "Antitrust Law" (first listed in 2021/2022, “strong negotiator, theoretically versed, goal-oriented”, competitor)
• The Legal 500 Germany 2024: Recommendation in the category "Antitrust Law" (continuous recommendation since 2020, “Sebastian Felix Janka: Broad market knowledge and quick grasp of legal issues. Quick answers to inquiries with high legal quality.”) and mentioned in City Focus Munich” (first recommendation in 2023)
• Lexology Index 2025 (former WWL Who’s Who Legal): Award "Thought Leader" in "Thought Leaders – Competition“ (first award in 2020) and recommendation "National Leader" in "Germany - Competition" (first recommendation in 2020)
• Lexology Index 2024 (former WWL Who’s Who Legal): Award "Thought Leader" in "Thought Leaders – Germany" (first award in 2023) and recommendation "Global Leader" in “Competition” ("stands for his pragmatism, quick understanding and focus on the relevant aspects of a case", first recommendation in 2018)
• Who's Who Legal 2017: Award "Future Leader" (2017) in "Competition"
• kanzleimonitor.de 2022/2023: Recommendation in "Antitrust Law" (first recommendation in 2019/2020) and in 2020 in "Compliance"
• Best Lawyers 2025: Recommendation in “Competition/Antitrust Law” (continuous recommendation since 2018)
• WirtschaftsWoche 2023: Recommendation "Top Lawyer" in "Antitrust Law"

Proceedings

• Bahlsen GmbH & Co. KG and, previously, its former sales manager – advice and successful representation before the Federal Cartel Office, the Higher Regional Court of Dusseldorf and the Federal Court of Justice in Germany in what has become known as the “confectionery proceedings”
• Schmolz + Bickenbach AG – antitrust advice and representation in antitrust fine proceedings against steel manufacturers
• Specialty chemicals company – advice and representation in connection with the “calcium carbide proceedings” before the European General Court, the European Court of Justice, and in civil proceedings (including before the German Federal Court of Justice and the European Court of Justice)
• US-American metal producer and trader – advice in connection with antitrust offence proceedings and in connection with antitrust claims for damages in what is referred to as the “rail cartel” case
• Egenberger GmbH & Co. KG – antitrust advice to the medium-sized provider of local public transport services on, amongst other things, a procurement procedure, including a preliminary ruling procedure before the European Court of Justice
• Medium-sized construction company – advice on the implementation of comprehensive compliance measures and defence in administrative fine proceedings

Merger and Foreign Direct Investment (FDI) Control

• Autoneum AG – analysis of merger and foreign direct investment control aspects and assistance with the acquisition of the global activities of the Borgers Group
• Hilmer Holding GmbH – merger control advice on the sale of I.G. Bauerhin GmbH to Lear Corporation before the European Commission
• Obst- und Gemüseverarbeitung Spreewaldkonserve Golßen GmbH (“Spreewaldhof”) – merger control advice on its sale to Andros & Cie SAS in the “second phase” proceedings, i.e. the formal in-depth investigation, before the German Federal Cartel Office
• E. Breuninger GmbH & Co. – merger control advice when acquiring the Konen clothing store
• Mutares SE & Co. KGaA – ongoing advice to the turnaround specialist on antitrust, merger and foreign direct investment control issues
• KJK Capital Oy – advice to the investment company on merger control issues, amongst other things
• Large German automotive manufacturer – antitrust advice in connection with joint ventures and cooperation agreements in Central and Eastern Europe, primarily in Russia; merger control advice, for example in connection with the acquisition of a controlling interest in an engineering and consulting services provider by the French AKKA Technologies SE
• Numerous domestic and foreign private equity companies and investors – ongoing merger and foreign direct investment control advice on a large number of strategic acquisitions
• FincoEnergies B.V. – antitrust and merger control advice on the acquisition of Oliehandel Klaas de Boer B.V., a company engaged in the distribution of marine fuels and marine lubricants
• Tikehau Capital Partners – antitrust and merger control advice to the French investment company on a variety of transactions, including the acquisition of German and Austrian postal, courier and express service providers, as well as on the acquisition of CReators of the Outside WorlD B.V. (“CROWD”), a provider of various types of outdoor furniture, equipment and infrastructure for public areas

Antitrust Law, Compliance & Internal Investigations

• Decor paper manufacturer – internal investigations regarding antitrust compliance
• MEAG MUNICH ERGO AssetManagement GmbH – advice on antitrust compliance issues
• Gebr. Kemper GmbH + Co. KG – antitrust compliance advice
• Alexander Bürkle GmbH & Co. KG – advice on diverse antitrust issues
• BASF Digital Solutions GmbH – advice on antitrust issues
• 7Learnings GmbH – antitrust advice to the start-up company
• Large conglomerate in the steel industry – advice on how to deal with antitrust compliance issues, including the introduction and implementation of an amnesty programme and assistance with antitrust audits
• fischerwerke GmbH & Co. KG – antitrust advice on partner agreements with dealers
• Huawei Technologies Deutschland GmbH – assessment of antitrust issues in connection with the examination of the chances of successfully filing an application for review in a Europe-wide contract award procedure of Deutsche Bahn
• Large traffic club in Europe – antitrust advice on the digitalisation strategy and the exchange of information within the traffic club
• German subsidiary of a French food group – antitrust advice on matters concerning the market power of food retailers

• Germany: vigilant cartel enforcement led to dip in cases
• Cartels, the dynamics of settlements and the (risky) court battle
• Die »Digital Acts« – Verschärfte Spielregeln für die digitale Welt
• Germany: Cartels
• Industrie 4.0 – Kartellrechtliche Betrachtungen (Ergebnispapier 2018 der Plattform Industrie 4.0, Co-Autor)
• Antitrust 4.0 – The rise of Artificial Intelligence and emerging challenges to antitrust law
• Antitrust 4.0 – The rise of Artificial Intelligence and emerging challenges to antitrust law
• Parent Company Liability in German and EU Competition Law: Two Worlds Apart?
• Parent liability and claims for recovery between joint and several debtors according to EU antitrust law
• Dawn Raids – richtiger Umgang mit kartellbehördlichen Durchsuchungen
• Die Pressefusionskontrolle nach südafrikanischem und deutschem Kartellrecht, Dissertation

• The ECJ judgement Illumina/Grail – Minus plus minus does not equal plus regarding jurisdiction in European merger control
• 11th Amendment of the German Competition Act gives the Federal Cartel Office far-reaching powers of intervention
• Update on managing directors’ personal liability: No ultimate liability for cartel fines (for now!)
• ECJ judgement Unilever Italia: Attribution of distributors’ conduct to the manufacturer in an abuse of dominance case
• Update: BayObLG implements the ECJ's landmark decision on parallel participation of bidders linked in an economic unit in public tenders into national law
• ECJ makes fundamental ruling on the participation of bidders linked in an economic unit, each with its own bid in public tendering procedures
• The Digital Markets Act and the possibility of private legal enforcement
• Luther Competition Law Forecast 2022 – Topics that will be important under antitrust law in 2022
• European Court of Justice: Children are liable for their parents!
• Merger control of Venture Capital investments
• Challenges in dealing with cross-border cartel cases – why is this so relevant right now?
• Free-riding allowed? - BGH declares Booking.com's ‘narrow most favored nation clause’ illegal
• ECJ defines end of bid-rigging cartels and limits of enforcement
• "ARC Digitisation Act" came into force today - important changes to the German Competition Act [Update]
• COVID-19 still causes turmoil in competition (law)
• Federal Cartel Office launches sector inquiry on messenger services - the next step to a "Super Consumer Protection Authority" in the digital world?
• Digital Services Act
• Upcoming extensive regulatory framework – Will Europe serve as a worldwide legal lighthouse in the digital era?
• Today, in its decision the German Federal Court of Justice confirmed in summary proceedings that the extensive collection and use of data by Facebook across multiple services could constitute an abuse of a dominant market position (case no. KVR 69/19)
• Overcoming the crisis in the automotive sector: The Bundeskartellamt temporarily tolerates certain forms of cooperation during the restart of production and restructuring
• ***UPDATE*** Competition Law in a State of Emergency in times of COVID-19
• ***UPDATE*** Competition Law in a State of Emergency in times of COVID-19
• Competition Law in a State of Emergency in times of COVID-19 (Update)
• Draft Bill for the 10th Amendment to the German Competition Act Now Officially Published
• Increased Risk of Extradition in the Event of Antitrust Violations

• Studienvereinigung Kartellrecht
• American Bar Association (ABA)
• Forums Investitionsprüfung e.V.  
• International Association of Young Lawyers (AIJA)

• 20.09.2022: Luther Kartellrechtsfrühstück 2022 I Hamburg „Das neue Vertriebskartellrecht"
• 14.09.2022: Luther Kartellrechtsfrühstück 2022 I München „Das neue Vertriebskartellrecht"
• 08.09.2022: Luther Kartellrechtsfrühstück 2022 I Düsseldorf „Das neue Vertriebskartellrecht"