Antitrust Law

Merger control and M&A

• Examination of the obligation to file corporate transactions (corporate acquisitions and joint ventures) in various countries
• Drafting of clean team and black box agreements, antitrust due diligence
• Filing of mergers with the German Federal Cartel Office or the European Commission
• Negotiation of ancillary provisions for clearance decisions
• Avoidance of violations of the enforcement prohibition (“gun jumping”)
• Coordination of other law firms in cross-border transactions (“multijurisdictional filings”)

Cooperations

• Permissible conduct in dealings with competitors and cooperation in associations, in particular avoidance of an impermissible exchange of information
• Examination and structuring of cooperation projects such as buying syndicates and sales groups
• Examination of the permissibility of cooperation in joint ventures and bidding consortiums 
• Drafting of research and development agreements

Distribution Antitrust

• Design and structuring of distribution systems and contracts, in particular taking into account the increasing importance of e-commerce
• Monitoring of price and condition systems to avoid prohibited resale price maintenance (“RPM”)
• Drafting of selective distribution agreements and licensing agreements in line with competition requirements

Abuse control/discrimination ban

• Examination of whether a dominant position exists on individual markets
• Advice on and analysis of whether the special conduct requirements for market-dominant companies are complied with, for example, in the design of bonus and discount systems
• Examination of supply claims

Administrative and fine proceedings

• Filing of motions under the Leniency Notice
• Representation before national and European antitrust authorities and courts

Legal disputes

• Legal challenge of antitrust authorities’ decisions before German and European courts
• Representation in legal disputes with an antitrust background (e.g., termination of distribution agreements, assertion of claims for supply or injunctive relief or the invalidity of non-competition clauses)
• Representation in antitrust damages actions 

Antitrust Compliance

• Identification and examination of risk potentials, also through internal investigations (preventive and reactive)
• Implementation of employee training
• Development of guidelines and instructions for action
• Search training

An overview of all Baker Tilly services related to compliance is available here ››