German Antitrust and Competition Merger Control

German Antitrust and Competition Merger Control

Germany

Key Contacts

Experience

  • Merger Control

    • Representing clients in European merger control proceedings and, where applicable, in the ensuing appellate proceedings. Most recently we acted as counsel in the Linde/BOC, Oracle/PeopleSoft, ThyssenKrupp/HDW, AirLiquide/Messer Griesheim and Tetra Laval/Sidel deals.
    • Representing clients in German merger control proceedings and, where applicable, in the ensuing appellate proceedings. Most recently we served as counsel in the Thermo Electron/Kendro deal and in the E.ON/Ruhrgas minister authorization procedure.
    • Coordinating European or German merger control proceedings that may be required in jurisdictions in the United States or elsewhere.
  • Antitrust Law

    • Representing our clients in European or German merger control proceedings and, where applicable, in the ensuing appellate proceedings or civil law antitrust processes. Most recently,we acted as counsel in the Austrian Banks case.
    • Representing our clients in European or German abuse proceedings and, where applicable, in the ensuing appellate proceedings. Most recently, we represented Deutsche Telekom in reviewing its connection fees.
    • Advising in the structuring of distribution, cooperation and technology transfer agreements and compliance programs.
  • State Aid

    Our state aid practice includes the representation of our clients in European state aid proceedings and where applicable the ensuing proceedings before courts of appeal as well as advising on national implementation law. Our experience covers the following:

    • Support for recipients in obtaining and defending state aid. For example, the successful defense of the German hard coal subsidies before the European courts.
    • Support against impermissible subsidies for third parties. For example, representation of EnBW Energie Baden-Württemberg in its challenge of the German emissions trading system.

Recognition

  • The JUVE Handbook has consistently recommended WilmerHale's antitrust practice since its 2019/2020 edition and "praises the close connection of antitrust and litigation practice with experienced partners" as well as the "tried and tested cooperation with the US practice."
  • In The Global Elite (2020) of the Global Competition Review (GCR), WilmerHale's antitrust practice ranks 18th among the world's leading practice groups and 7th in the GCR 100 Cartels (2020) category. For Germany, WilmerHale is recognized as "Highly Recommended" and "the stellar litigation practice" is highlighted.
  • Chambers Europe 2019–2021 recommend WilmerHale in the area of Competition / EU law. They "have great litigators" and are "best known for handling competition matters, often collaborating with its European and US offices to advise on transatlantic investigations, litigation and merger control proceedings" and "active across a range of sectors including automotive, airlines and food. Counts some of Germany's best-known corporations among its clients."
  • In its 2020 edition, Chambers Global has ranked WilmerHale in the field of Competition/European Law in Germany.
  • Legal 500 Germany 2020 and 2021 recommends WilmerHale for antitrust ("WilmerHale can field a global team and coordinate merger control filings in multiple jurisdictions.") and recognizes the firm as a TOP TIER LAW FIRM for antitrust litigation.
  • FOCUS Spezial: Ihr Recht 2019 ranks WilmerHale among the top commercial law firms in antitrust and competition law.
  • FOCUS Spezial: Recht & Rat 2021 ranks WilmerHale among the top commercial law firms in antitrust and competition law.
  • WirtschaftsWoche magazine recommends WilmerHale in 2019 and 2020 as "Top Kanzlei in antitrust law.

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