Compliance, Antitrust Law, ESG

Customised advice. Long-term protection.

As a multidisciplinary law firm, we help companies avoid legal violations. To this end, we offer tailor-made solutions for compliance programmes that can be implemented in both small and large companies in a practical and unbureaucratic manner. Our expertise includes the implementation of compliance programmes and legal advice in the areas of antitrust law, ESG compliance, and sustainability strategy.

Particularly when it comes to implementing ESG requirements, we support companies in designing their sustainability strategy in a legally compliant manner, and in meeting the legal requirements in the areas of environment, social and governance. In addition, we provide support in particular in defending antitrust fine proceedings, and represent companies in antitrust damages cases.

Consulting services in detail

Compliance

Compliance programmes

Determination of the company's risk class
Preparation of the necessary documentation, e.g. code of conduct, guidelines for employees, etc.
Advising and representing the company in negotiations with employee representatives on the introduction of compliance programmes
Training employees
Ongoing support for the compliance programme, e.g. as an ombudsman or provider of a whistleblower hotline

Ongoing compliance advice

Reviewing the legality of contracts and collaborations
Support in meeting compliance requirements of customers and other business partners (e.g. when submitting supplier declarations)

Tax compliance

Development of concepts to ensure tax compliance
Support in the implementation of tax compliance systems

Antitrust law

Antitrust contract drafting

Antitrust structuring of contracts in supply relationships (vertical relationships) and between competitors (horizontal relationships)
Advice on customer protection agreements, non-competition clauses and non-solicitation clauses
Drafting of technology transfer agreements
Advice on research and development collaborations

Antitrust fine proceedings

Representation in antitrust fine proceedings and market power abuse proceedings before the Federal Cartel Office and the European Commission
Representation in proceedings before German and European courts
Advice on leniency applications in antitrust violations to reduce fines
Support in settlement negotiations for amicable termination of proceedings with antitrust authorities
Organisation of cross-border antitrust proceedings via our LAW network with experienced teams in all relevant countries
Analysis of the economic context and effects of cartels to defend against antitrust damages claims and to prevent them

Antitrust damages claims

Development of an effective negotiation strategy for the out-of-court enforcement and defence of antitrust damages claims
Judicial enforcement and defence of antitrust damages claims at national and international level
Economic quantification of antitrust damages for the purpose of asserting and defending claims

Merger control

Early assessment of merger control notification requirements and the likelihood of obtaining merger control clearance in M&A processes
Preparation of merger control notifications and representation in merger control proceedings before the Federal Cartel Office and the European Commission
Organisation of merger control proceedings abroad via our international network LAW
Competition economics support to identify positive economic effects

ESG compliance – environmental, social and corporate governance

Implementation of the Supply Chain Due Diligence Act (LkSG)

Development of guidelines for compliance with due diligence obligations in the supply chain
Establishment of control mechanisms for monitoring supply chain compliance
Compliance with co-determination and legally compliant enforcement of sanctions
Advice on the implementation of the LkSG in accordance with legal requirements

Sustainable remuneration systems and pay transparency

Development and implementation of sustainable remuneration systems for company management and employees
Definition of ESG targets and their integration into remuneration models
Consulting on promoting pay transparency and gender equality in the company

ESG consulting for management and supervisory boards

Advising managing directors, board members and supervisory board members on the legal implementation of ESG strategy
Compliance with due diligence obligations within the framework of corporate social responsibility (CSR)

Investment control

Legal advice and support for transactions

Early review and advice on reporting requirements in the area of sector-specific and cross-sector investment control
Clarification of legal issues and questions with the responsible federal ministry
Representation before the federal ministry in reporting transactions subject to reporting requirements and obtaining clearance certificates
Representation in review proceedings initiated ex officio by the federal ministry
Advice on the consideration of investment control law in transaction documentation, in particular in company purchase agreements
Competition economics support to identify positive economic effects

Internal investigations

Support in crisis situations

Advice on the obligations of company management in the event of legal violations
Plausibility checks of suspected violations of legal provisions
Support during searches by investigating authorities and law enforcement agencies
Support in matters of press law
Review of D&O insurance coverage

Fact-finding and preservation of evidence

Securing evidence and conducting forensic investigations (e.g. software-based searching and filtering of emails)
Interviewing witnesses and employees
(Electronic) evaluation of accounting records to identify irregularities
Data protection advice

Review of tax obligations

Review of the tax relevance of a legal violation
Handling correspondence with the tax authorities
Preparation of tax adjustments and voluntary disclosures

Corporate defence

Assessment of criminal liability risks
Representation in criminal and fine proceedings
Advice on cooperation with investigating authorities and amicable settlement of proceedings

Disciplinary measures

Employment law support throughout the process from the outset
Drafting of amnesty agreements in the event of cooperation
Advice and support in the implementation of disciplinary measures (e.g. warnings, summary dismissals, co-determination rights of employee representatives)
Assessment and enforcement of claims for damages against employees and executive bodies

Consequences under public procurement law and ‘self-cleaning’

Examination of the relevance of a legal violation under public procurement law as grounds for exclusion in public procurement procedures and defence against exclusion from the procedure
Examination of the requirements for ‘self-cleaning’ under public procurement law and preparation of the necessary documentation
Support in negotiations with public contracting authorities on the recognition of successful ‘self-cleaning’

Whistleblowing

Our compliance experts have been supporting companies for years in the introduction of whistleblower systems and offer a secure and simple solution through ESC Unternehmensberatung Whistle Desk.

The perfect solution for whistleblower systems

Intuitive, legally compliant reporting channel for whistleblowers
Easy implementation with minimal effort and customisation to your corporate design
GDPR compliant
Security from data protection experts: developed to the highest standards

Case management by ESCHE – process and advantages

Monitoring of incoming reports from whistleblowers
Review of relevance and rapid legal assessment by our team of compliance experts
Secure communication channels for whistleblowers and company contact persons
Relief for your internal organisation and your employees
Internal investigations for rapid clarification and prevention of legal violations

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Rankings and awards

Handelsblatt / Best Lawyers 2025

According to Handelsblatt and Best Lawyers, ESCHE's antitrust and competition law practice group is one of the leading law firms in Germany, both nationwide and in Hamburg.