Germany: Competition
The past year has been an active period for German competition law, with the Federal Cartel Office (BKartA) establishing a dedicated cartel prosecution unit and drafting revised merger guidelines, and the Supreme Court handing down a precedent-setting judgement allowing the passing-on defence in competition damage claims. Sources note that the BKartA has been increasingly active – initiating numerous dawn raids at more than 100 companies since the beginning of 2010 – and the 47 lawyers we list in this section expect to see the strong demand for their services continue in the months to come.
Our international competition law firm of the year Freshfields Bruckhaus Deringer LLP leads the field in Germany in this discipline, with nine lawyers ranking highly. Düsseldorf’s Martin Klusmann is the global co-head of the firm’s antitrust, competition and trade team and has represented clients in the chemical, banking, food and commodities sectors in major mergers and domestic and international cartel cases, including acting in investigations and disputes both in court and arbitration tribunals. Managing partner of the Düsseldorf office Tobias Klose has recently represented Infineon and Aurubis in merger control proceedings and Bayer and ThyssenKrupp in cartel investigations, and is also highlighted by peers as a “great name” for disputes before the European Commission (EC), BKartA and national and European courts. Berlin-based Helmut Bergmann counts Barclays Bank, Hoffman-La Roche and Mars among his recent clients and is “highly recommended” for his work in merger, cartel and dominance cases. EU, state aid and administrative law expert Thomas Lübbig regularly represents clients from a range of industries, including pharmaceuticals, media, utilities and transport, before the European Court of First Instance and the European Court of Justice (ECJ). Peter Niggemann has acted for Airberlin, Goldman Sachs and Assa Abloy in recent acquisition matters and is described as “outstanding” for his work in cartel damages claims. Joachim Pfeffer heads the firm’s automotive group and is a “go-to-guy” for merger control proceedings, joint ventures, cartel work and distribution arrangements in that sector as well as acting for clients as diverse as Pfeifer & Langen and Primagas. Burkhart Richter has advised major multinationals in merger proceedings, including Microsoft, Bombardier and Continental, and frequently represents companies in proceedings before national competition authorities and the EC. Cologne-based Andreas Röhling is noted for his energy and European trade law expertise and specialises in co-operation and supply agreements as well as merger and abusive practices controls in the deregulated energy markets. Completing the firm’s impressive showing is Düsseldorf-based Gerhard Wiedemann, whose EC and German merger control, abusive practices and vertical agreements work is held in “high esteem” by sources.
Gleiss Lutz fields seven lawyers in this section, including competition practice head and “leading light” Ingo Brinker. A specialist in antitrust litigation before the BKartA and EC courts as well as the ECJ and the German competition courts, Brinker is also noted for his “nationally prominent” merger control and compliance expertise. The “exceptional” Petra Linsmeier heads the firm’s energy and natural resources group and focuses her practice on regulatory proceedings on behalf of gas and electricity clients as well as merger control matters at BKartA and EC level. Rainer Bechtold is “internationally recognised and trusted” for his work in merger control proceedings and was a member of the Gleiss Lutz team that advised the State of Baden-Württemberg in its purchase of EDF’s stake in EnBW Energie Baden-Württemberg AG. Wolfgang Bosch’s practice combines strong corporate transactional and compliance work with “first rate” advocacy for clients in infringement proceedings. Ulrich Denzel is a “well-known” specialist in defending companies accused of anti-competitive behaviour and cartel activities, as well as representing clients in damages claims and advising on compliance and merger control. Matthias Karl divides his time between the Düsseldorf and Brussels offices and is “known throughout Europe” for his compliance, distribution and merger control work. Christian Steinle also spends time in the Brussels office alongside providing “superb” private antitrust litigation, cartel and compliance advice in Stuttgart.
Five lawyers from Hengeler Mueller rank highly in this discipline. Düsseldorf-based Thorsten Mäger’s practice combines competition law knowledge with “excellent” energy sector expertise and he is a “star” according to respondents to our survey. Prior to joining the firm, Frankfurt’s Horst Satzky worked both at the BKartA and the Federal Economics Ministry, and boasts “extensive experience” in domestic and European competition regulation and compliance matters. Christoph Stadler represents clients in complex international merger control and abuse of dominance matters in a range of sectors, including food, retail and power, and counts RWE among his clients. “Top tier” merger control expert Jochen Burrichter has made numerous notifications and acted in cartel cases before the BKartA and EC, as well as representing clients in the European Court of First Instance and the ECJ. Markus Röhrig has recently acted in high profile merger control matters in the energy, travel and transport sectors and is a “brilliant name” in cartel investigations, abuse of dominance cases and compliance issues.
Competition boutique Commeo LLP has become a “major player” in the German antitrust market since its foundation in 2010, and all four founding members are recognised in these pages. Jörg-Martin Schultze focuses his practice on merger control proceedings on behalf of clients in the automotive, public finance and building supplies sectors as well as disputes for clients in the consumer goods industry, and is a “stellar practitioner” according to sources. A specialist in compliance, litigation and distribution matters for clients in the oil, chemicals, IT and logistics sectors, Dominique Wagener recently represented Shell and Westfalen AG in high profile cartel proceedings. Stephanie Pautke focuses on domestic and European antitrust work for clients in the pharmaceutical and healthcare sectors, and is particularly noted for her distribution and abuse of dominance acumen. The “wonderful” Johanna Kübler completes the firm’s listings and focuses her merger control and dominance practice on the automotive, media and consumer goods sectors.
One of three partners listed at Noerr, Alexander Birnstiel co-heads the firm’s regulatory and governmental affairs practice out of the Munich office and is lauded for his work on behalf of clients in cartel damages, abuse of dominance, merger control, compliance queries and dawn raid matters. Joining him from the Berlin office are distribution, state aid and EU law specialist Karsten Metzlaff and telecoms and procurement expert Kathrin Westermann.
At Wilmer Cutler Pickering Hale and Dorr LLP, Ulrich Quack is “highly respected” for his work in mergers and vertical and horizontal agreements, and counts Linde AG, TUI AG and Deutsche Telekom among his clients. Stefan Ohlhoff is another prominent name at the firm and combines his competition and regulatory practice with a strong international trade and aviation focus, regularly representing clients before the BKartA and EC courts.
Daniela Seeliger is one of two lawyers to feature from Linklaters LLP’s Düsseldorf office, where she is noted for her “sterling” work in merger control, anti-monopoly and transactional matters, frequently representing clients before the BKartA and EC courts. Carsten Grave is recommended for his knowledge of public enterprises and state aid law, with particularly strong expertise in the media, automotive and financial services sectors.
Joachim Schütze is the managing partner of Clifford Chance LLP’s Düsseldorf office and comes “highly recommended” for his work in the telecoms and energy sectors, with a particular focus on infrastructure. At the same firm, Marc Besen is noted for his work in regulatory and transactional work in the life sciences sector.
At Cleary Gottlieb Steen & Hamilton LLP, Romina Polley is a “very well known” name for cartel proceedings, dawn raids and leniency applications, and cooperation, distribution and licensing agreements in the automotive, construction, IT and chemical sectors. Dirk Schroeder is also noted at the firm, with sources praising his merger control, cartel, monopolies and state aid work.
Allen & Overy LLP fields “superb” German competition group head Ellen Braun who has recently been a member of the firm’s teams advising Rosneft Oil Company, Dutch Kuiken Group and Commerzbank Aktiengesellschaft in high profile transactions. Börries Ahrens at White & Case LLP also stands out for his merger control work, frequently acting in investigations and disputes as well as advising on joint ventures and distribution schemes for clients in the pharma, trade, machinery and entertainment sectors. At Hogan Lovells, Martin Sura is a “great choice” for cartel investigations work according to peers, and has particular expertise in the insurance and financial services industries. Corporate law specialist Alexander Rinne has recently acted for HK Food and Homann Feinkost in major acquisitions and represented Sustainable Resources International in damages litigation following a dominance complaint, and he is based in the Munich office of Milbank Tweed Hadley & McCloy LLP. CMS Hasche Sigle sees international merger control, joint venture and distribution structuring expert Harald Kahlenberg rank highly, with sources praising his “exceptional” work for clients in the energy, media, engineering and sport sectors.
At her own firm, Bettina Bergmann is an “internationally respected figure” for competition litigation and cross-border transactional work, who has represented clients such as Novartis, Viacom, DaimlerChrysler and Wal-Mart. At Glade Michel Wirtz, name partner Markus Wirtz is a “safe pair of hands” in competition litigation and merger work according to sources. Hermanns Wagner Brück Rechtsanwälte sees founder Ferdinand Hermanns rank highly, and sources describe him as a “top tier arbitrator”. Albrecht Bach at Oppenländer is a specialist in merger control and distribution matters as well as cartel investigations. SBR Schuster Berger Bahr Ahrens fields Christian Bahr, whose state aid, dominance and merger work is held in “high regard”. Hans-Joachim Hellmann is noted for his compliance and merger control work and he represents Schilling Zutt & Anschütz Rechtsanwalts AG in these pages.