Legal Services

Compliance program

• Determination of the company’s “risk class” 
• Drafting the required documentation (code of conduct and guidelines for employees)
• Advising and representing clients during negotiations with employee representatives concerning the introduction of compliance programs 
• Training employees
• Providing ongoing support services for the compliance program (e.g. as ombudsman or provider of a whistleblower hotline)

Ongoing compliance advice

• Review of the legitimacy of contracts and cooperations 
• Providing support with meeting compliance requirements of customers and other business partners (e.g. when making suppliers’ declarations)

Tax Compliance

• Preparing strategies to ensure tax compliance
• Support with the implementation of tax compliance Systems

Contract structuring in line with antitrust law

• Kartellrechtliche Ausgestaltung von Verträgen in Lieferbeziehungen (Vertikalverhältnis) und zwischen Wettbewerbern (Horizontalverhältnis) 
• Beratung zu Kundenschutzvereinbarungen, Wettbewerbsverboten und Abwerbeverboten  
• Erstellung von Technologietransfer-Vereinbarungen
• Beratung zu Forschungs- und Entwicklungskooperationen

Cartel law fines 

• Representation in antitrust-related sanction proceedings and market abuse proceedings before the German Federal Cartel Office and the European Commission
• Representation in proceedings before German and European Courts
• Advising on leniency applications in the context of antitrust violations 
• Support in reaching a settlement with the competition authorities 
• In the event of cross-border cartels, we call on our experienced team within our Network (Lawyers Associated Worldwide – LAW) in all countries in question
• Analyzing the economic context and effects of cartel for purposes of mounting a defence and to guard against damages claims under antitrust law

Damages claims under antitrust law

• Development of an effective and targeted negotiation strategy for the out-of-court assertion of and defence against damages claims under antitrust law 
• Judicial enforcement and defence against damages claims under antitrust law at a national and international level 
• Economic assessment of antitrust-related losses suffered, for purposes of asserting or defending against a claim

Merger control  

• Early review of merger filing obligations and the probability of a merger approval in M&A procedures
• Preparation of merger filings and representation in merger filing proceedings before the German Federal Cartel Office and the European Commission 
• Organizing merger filings abroad via our network (Lawyers Associated Worldwide – LAW)
• Ongoing support on the economics of competition in order to establish positive economic effects

• Early examination and preparatory consultation with regard to reporting obligations in the area of sector-specific and cross-sector investment control
• Clarification of legal borderline or doubtful issues with the responsible federal ministry
• Representation vis-à-vis the competent Federal Ministry in the notification of reportable transactions and in obtaining clearance certificates
• Representation vis-à-vis the competent Federal Ministry in investigation proceedings initiated ex officio
• Advice on the consideration of investment control law in the drafting of transaction documentation, in particular in company purchase agreements 

Support with crisis Management

• Advising on obligations on the part of management in the case of legal breaches
• Carrying out plausibility checks in the event that a breach of the law is suspected 
• Providing support in the event of searches by the investigating authorities 
• Support in terms of press law 
• Review of D&O insurance cover

Investigation of the facts

• Securing existing evidence 
• Questioning witnesses and employees 
• Forensic investigations (e.g. software-based searches and filtering emails)
• (Electronic) analysis of accounting data 
• Advising on data protection law

Review of tax obligations 

• Review of possible tax implications of the legal breach
• Handling all correspondence with the revenue authorities 
• Preparing tax reports and voluntary declarations 

Defending the company  

• Analysing the risks of criminal prosecution +
• Representation in criminal and administrative sanction proceedings 
• Advising on cooperating with the investigating authorities and settlement proceedings

Disciplinary measures 

• Providing comprehensive employment-law advice throughout the whole process 
• Drafting amnesty agreements in the event of a cooperation 
• Employment law advice and support in the implementation of disciplinary measures (e.g. regarding warnings and, where appropriate, summary dismissals, and regarding the rights of co-determination of the employee representatives) 
• Valuation and enforcement of damages claims against employees and corporate bodies

Consequences in terms of public procurement law and “self-cleaning” 

• Review of the implications of a breach of public procurement law, e.g. as a ground for exclusion in future public procurement procedures and, where applicable, defence against an exclusion from the procedure 
• Review of the requirements for “self-cleaning” in terms of public procurement law, and preparation of the required documents in order to show that “self-cleaning” has taken place 
• Support during the negotiations with the public contracting entities or authorities regarding the approval of a successful self-cleaning process