Fleischmann_Oliver

Dr. Oliver Fleischmann, LL.M.

Special Counsel

Dr. Oliver Fleischmann advises clients in various industries, in particular regulated industries, on German and European competition and merger control law, as well as German and international foreign direct investment control law.

Dr. Fleischmann has represented clients in numerous merger control proceedings and governmental investigations before the European Commission, the German Federal Cartel Office and the German Ministry of Economic Affairs. He has extensive experience in advising in the energy, telecommunications, life sciences, transport and tourism industries.

One focus of Dr. Fleischmann's practice is the energy sector, where he advises oil and gas producers, energy suppliers and energy infrastructure operators on all aspects of German and European competition and energy regulation.

Professional Activities

Dr. Fleischmann is a member of the Studienvereinigung Kartellrecht (Antitrust Law Society Germany), for which he currently serves as the regional chairman for Berlin/Brandenburg, and the German-American Lawyers Association. 

Dr. Fleischmann is a co-author of the "Münchener Kommentar zum Europäischen und Deutschen Wettbewerbsrecht (Kartellrecht), Band 1: Europäisches Wettbewerbsrecht" (2007, 2nd edition 2015). His contributions to these commentaries cover key aspects of the EU merger review process.

Experience

    • Advising and representing a German telecommunications company in phase 2 merger control proceedings before the German Federal Cartel Office and in subsequent third-party appeal proceedings before the OLG Düsseldorf concerning the formation of a joint venture for the roll-out of a fiber telecommunications network in North-Western Germany.
    • Advising and representing a global science and technology company in complex merger control proceedings before the European Commission and the German Federal Cartel Office concerning its multibillion-dollar acquisition of a technology company's healthcare subsidiary, biopharma business and subsequent divestitures.
    • Advising and representing a global tourism company in an antitrust investigation before the European Commission. 
    • Advising and representing a natural gas pipeline operator in multiple proceedings before the German Federal Network Agency, the OLG Dusseldorf and the European Union courts concerning a regulatory exemption granted pursuant to § 28a EnWG for the onshore-link of the Nord Stream pipeline.
    • Representing a consortium of international financial investors in FDI review proceedings before the German Ministry of Economic Affairs concerning an investment into a highway infrastructure company. 
    • Advising and representing a major international pulp and paper company in merger control proceedings before the European Commission concerning its acquisition of a fluff pulp business.
    • Advising and representing a leading global academic publisher in securing merger control clearance from the US Department of Justice, the European Commission and several further authorities worldwide for the combination of the publisher with the majority of the science and education division of a major German media company and in a joint venture.
    • Advising and representing a leading European telecommunications company in administrative proceedings before the German Federal Cartel Office concerning an alleged abuse of a dominant position.

Recognition

  • Dr. Oliver Fleischmann is recommended by Germany's JUVE Handbook in 2020/2021 and 2021/2022 in the Regulated Industries: Energy Industry Law category.
  • Recommended by Handelsblatt Best Lawyers® List 2021 for antitrust and competition law.
  • Commended by Legal 500 Germany for antitrust law in 2020 and 2022. “First-class expertise on any aspect of antitrust and merger control Law. Meticulous and thoughtful advisor with great oversight” (2022).

Insights & News

Credentials

  • Education

    • Second State Exam, Berlin Court of Appeals, 2004

    • LLM, University of Chicago Law School, 2002

    • Dr. jur., Humboldt University, Berlin, 2001

    • First State Exam, Humboldt University, Berlin, 1999

  • Admissions

    • Berlin

  • Languages

    • German

    • English

Credentials