Esche Schümann Commichau

Antitrust Law

Horizontal and vertical agreements

Antitrust law structuring and review of contractual relationships, e.g. joint venture agreements, sales contracts, exclusivity agreements, licenses and technology transfers. Structuring and review of cooperation agreements, e.g. consortia, groups of tenderers, enterprise leasing, management contracts, etc., review of cartel agreements for admissibility or the possibility of exemption.

Agreements with regard to planned M&A projects, e.g. in public tender proceedings, confidentiality agreements, employee and customer protection agreements.

Prohibition of competition in corporate, employment and commercial law contracts.

Mergers

Examination of required antitrust registrations also taking into account foreign, EU and EEA antitrust law, in the preparatory phase of M&A projects, including asset deals and the acquisition of individual assets, restructuring, etc.

Preparation of registrations with national and international antitrust authorities, preliminary discussions with antitrust authorities as needed, support in control proceedings, including negotiation of terms and conditions; applications for ministerial permission.

Representation before antitrust authorities and courts

Representation before German and EU/EEA antitrust authorities, e.g. in misuse proceedings, regarding boycotts (suspension of delivery and purchase) and discrimination, subsidies, anti-dumping. Proceedings before German courts, the European Court of First Instance and the European Court of Justice on questions of antitrust law.

Compliance

Preventive protection through support in the implementation and monitoring of compliance programs; training in antitrust and competition law.

Preparation of instructions and training in the event of antitrust law searches ("dawn raids").