Anwalt Deutschland Fachanwalt deutsch German Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian

 

 

 

horak.
Attorneys at law

Law Office Lawyers/ Patent Attorneys Main practice areas Legal matters Client Service Litigation Free templates Offices Brochures Contact News Press FAQ
Competition law  Copyright law  Trademark law  Design law  Patent law  Media law  Online law  Food law  Public law  ITC

German Lawyer patent attorney Germany trademark attorney design attorney european law german attorney hannover germany based attorney at law for ip law it law competition law european law and regulations in germany litigation file suits representative  file german trademark law tm  competition copyright design food law media law patents contract law online law internet law patent law design protection file german patent utility model law lawyer it law contract law agricultural law architectural law banking law civil cervis law domain law employee inventions law financial penalties law food law guarantee law labour law land law pharma law state aid law waste law

Start  IP Application Services  Contact  Online enquiry  Imprint  Data Protection

 

 

...Start ...Main practice areas ...Anti Trust law
Start
Main practice areas
Administrative law
Agricultural law
Animal law
Anti Trust law
Architectural law
Banking law
Brokerage law
Business law
Capital Market law
Civil law
Civil service law
Commercial law
Commercial Criminal law
Competition law
Construction law
Contract law
Copyright law
Corporate law
Cosmetic law
Customs law
Data protection law
Design law
Distribution law
Domain law
Domain Arbitration law
Education law
Employee invention law
Energy law
Engineering law
Environment law
European law
Event law
Family law
Film law
Financial penalties law
Fiscal Offences law
Food law
Gambling law
Guarantee law
Higher Education law
Image rights
Industrial law
Inheritance law
Insolvency law
Insurance law
International law
International Trade law
Internet law
IP law
IT law
Labour law
Land law
Law on associations
M&A law
Mail order law
Media law
Medical malpractice law
Medical Products law
Medicine law
MLM law
Music law
Online law
Patent law
Pharma law
Plant variety law
Photography law
Press law
Publishing law
Public commercial law
Public procurement law
Purchasing law
Real Estate law
Restaurant law
Sales representaves rights
Sports law
State Aid law
Students rights
Tax law
Technology law
Tenancy law
Telecommunications law
Terms and conditions law
Tort law
Trademark law
Traffic law
Transport law/Shipping law
Waste law
Wine law
 
horak.
Attorneys at Law Hannover
Lawyers
Patent Attorneys
Georgstr. 48
30159 Hannover (Hauptsitz)
Germany
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
info@bwlh.de
hannover@bwlh.de
 
horak.
Attorneys at Law Berlin
Lawyers
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Germany
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
berlin@bwlh.de
 
horak.
Attorneys at Law Bielefeld
Lawyers
Patent Attorneys
Herforder Str. 69
33602 Bielefeld
Germany
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
bielefeld@bwlh.de
 
horak.
Attorneys at Law Bremen
Lawyers
Patent Attorneys
Parkallee 117
28209 Bremen
Germany
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
bremen@bwlh.de
 
horak.
Attorneys at Law Düsseldorf
Lawyers
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Germany
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
duesseldorf@bwlh.de
 
horak.
Attorneys at Law Frankfurt/ Main
Lawyers
Patent Attorneys
Alfred-Herrhausen-Allee 3-5
65760 Frankfurt-Eschborn
Germany
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
frankfurt@bwlh.de
 
horak.
Attorneys at Law Hamburg
Lawyers
Patent Attorneys
Colonnaden 5
20354 Hamburg
Germany
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
hamburg@bwlh.de
 
horak. 
Attorneys at Law Munich
Lawyers
Patent Attorneys
Landsberger Str. 155
80687 Munich
Germany

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
munich@bwlh.de
 
horak.
Attorneys at Law Stuttgart
Lawyers
Patent Attorneys
Königstraße 80
70173 Stuttgart
Germany
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
stuttgart@bwlh.de
 
horak. 
Patent Attorneys Vienna
 
Trauttmansdorffgasse 8
1130 Vienna
Austria
Fon +43 1.876 15 17
Fax +49 511.35 73 56-29
vienna@bwlh.de

 

Antitrust Law

„Antitrust law“and „competition law“

Competition Law (commonly called advertising law) concerned the protection of anti-trust competitions. Therefore, “antitrust law” is considered part of the competition law. However, in practice, there are only isolated intersections between the two legal areas: in simple terms, antitrust law prevent cartels from individual advertising transactions between the market participants. In Germany, the Federal Cartel Office (together with the Land Competition Authorities) is responsible for the protection of competition.

Where is the antitrust law regulated?

The Act against Restrictions on Competition (GWB), or so-called Antitrust Law (Kartellgesetz in Germany) regulated the German anti-trust law: it came into force on the 1st January 1958 and has been revised six times since then, most recently by a comprehensive amendment in 1999. In addition to the German law, the European competition law is particularly important, and it is usually carried out by the European Commission – as competition authority at a European level-.

What belongs to antitrust law?

The main aspects of today´s antitrust law are the enforcements of the ban on cartels, the implementations of the merger control and the exercise of abuse control over dominant companies. Since 1st January 1999, the protection of tenderers in the awarding of public contracts has been added.

German Federal Cartel Office

The Federal Cartel Office has the power of prohibition of mergers, forbid abusive practices, issue new requirements and impose fines. Moreover, the antitrust law concede to the Federal Cartel Office, extensive investigative powers. The FCO owebsite offers numerous additional information.

Decisions of the Federal Cartel Office

The antitrust decisions of the Federal Cartel Office are taken following a judicial procedure made by the competent department, responsible in the particular branch.

What do we need in order to deal with your anti-trust matters?

Antitrust Law may concern three different aspects regarding ban on cartels, merger control and procurement law. All details have to be discussed and coordinated in individual cases because of the complexity and the strictest confidentiality.

What makes Horak Attorneys at Law standing out in antitrust law proceedings?

The Antitrust law (that also includes procurement law as a particular matter) is one of our areas of major focus. The Act against Competitive Restrictions (GWB), also called the Anti-trust Act or Basic Law of the Market Economy, protects competition as the foundation of the Economic Regulation. The three main columns of this Act are cartel prosecution, merger control and abuse control.

The ban on cartels and the control of business combinations serve to maintain competitive markets structures and to prevent the development of market´s power. Within the framework of abusive control, on the other hand, it is always controlled that already existing market players are acting fairly against other market participants.  Furthermore, the section §§97-129 of the GWB (Act against Competitive Restrictions) ensure that public contracts are correctly awarder through a fair competition.

Restrictions on competitions are generally not conducive for companies. For instance, restrictions on imports, tariffs, and subsidies from competitors or a direct regulation are considered hindering for a company; also price agreements, market allocations, volume agreements or abuse of dominant position hinder a “natural” competition.

Legal Practice in Antitrust Law

Our attorneys for antitrust law deal with the following antitrust/licensing issues:

Ban on cartels and prohibition of misuse of a dominant position

  • Consultation and representation for antitrust enforcement purposes of cooperation with competitors (horizontal and vertical antitrust investigation);
  • Execution of claims for damages (for example against “monopolists” on the basis of agreed cartel prices);
  • Consultation, representation and defence from a prohibition order issued by the antitrust authorities;
  • Consultation and representation in case of investigation´s measures (especially during researches of business premises);
  • Enforcement/Defence of nullity of an agreement for infringement of the ban on cartels;
  • Consultation and representation in case of abusive practices of market-dominant/market-strong companies (such as delivery refusals, obligation to contract, compulsory licensing, discrimination, difference in treatment without a factual reason).

Merger Control

  • Consultation for organizations of planned business combinations (M&A, anti-trust etc.), according to antitrust law;
  • Application for merger proceedings by the competent cartel authority;
  • Consultation and representation of companies not directly involved in the merger against the antitrust authorities (for example, appeal of a merger clearance);
  • Enforcement/defence of the nullity of a merger carried out in breach of the non-compliance clause

Procurement Law

  • Consultation and representation in connection with public tenders (both tendering bodies and tenderers in different procurement procedures);
     
  • Preparation/examination of the tendering planning and documents;
     
  • Implementation of the awarding documentation;
     
  • Monitoring of the awarding procedure, the surcharge and the subsequent legal support during implementation;
     
  • Examination, consultation and representation in damage proceedings.

Sanctioning and criminal proceedings

  • In case of ban on cartels, prohibition of misuse of a market-dominating position and merger control, in representation and defence against fines.
  • Consultation, representation and defence against criminal penal procedures for cartel infringement (in particular fraud allegations pursuant to §§ 263, 298 StGB).

Anti-trust main topics (ban on cartel, merger control, monitoring of misuses, procurement law)

The competition between different companies of all sizes constitutes a basis for the liberal economic constitution. It is the basis for antitrust law with its merger rules, for competition law and for the prevention of monopolies. The anti-trust law is regulated in Germany by the so-called GWB (Gesetz gegen Wettbewerbsbeschränkungen = Restriction of Competition Act), competition law is regulated by the so-called UWG (Gesetz gegen den unlauteren Wettbewerb= Unfair competition Act). The individual aspects of antitrust law, merger control and control of misuses, as well as procurement law have to deal with the following aspects:

Merger Control Procedures

In the case of merger control procedures, we firstly check the necessity and then support our clients before the Federal Cartel Office or the European Commission. Moreover, we are involved in international merger control proceedings.

Cartel Fine Procedures

The relative fines inflicted by the competent antitrust authorities are subjected to increase, from time to time; for companies, these cartel penalty proceedings at a national and European level present such a high risk. As far as concerned cartel fine procedures, we defend our clients not only through the common economic resources, but also with a profound knowledge of the anti-trust law. The defence generally take place both against the cartel authorities and in the judicial proceedings before the Higher Regional Court. In the context of antitrust penalties, we also take into account possible leniency applications or insolvency proceedings.

Antitrust process management

We represent our clients both before the German cartel authority, as well as before the European Union Courts. In doing so, we are also active in subsequent processes, as well as exceptionally in indemnity proceedings.

Cartel Infringement, control of market misuse

At the core of the antitrust law is the ban on cartels: agreements between companies, decisions by associations of undertaking and coordinated practices, which have as their purpose or effect the prevention, restriction or falsification of competition, are absolutely not allowed (Central Clause of §1 GWB). In this context, the price setting, possible discounting, distribution contracts and distribution systems (including Internet distribution and selective distribution systems) etc. are examined and modified so that no ban on cartel can be allowed: We are also expert representatives in antitrust market abusive practices.

Procurement Law

We are active in all areas of antitrust law, including construction, recycling and disposal, healthcare, transport, IT/telecommunications, utilities and general infrastructure. As far as concerned the above-mentioned topics, we are constantly active in German and European procurement law.

Further topics and services:

  • Merger control
  • Market dominating positions
  • Monopoly rights
  • Obligation to contract
  • Antidumping
  • Ban on cartels
  • Fine proceedings
  • Ban on cartels procedures
  • Competition Law
  • Contract review and contract design
  • Legal advice and legal examination.

horak law office germany hannover lawyer representative compliance design infringement warning letter business start up law guarantee warranty liability border seizure leasing trademark infringement mediation minimum wage patent attorney patent infringement pro bono legal advice piracy product piracy brand piracy counterfeit litigation arbitration disputes renovation compensation online sales youtube pinterest instagram copyright infringement deutsch german law german court lawyer litigator german litigator hannover english

 

 trademarks patents designs law lawyer german law firm litigator litigation file court suit attorney Germany patent attorney agricultural law architectural law contract law employee inventions law medical malpractice law pharma law terms and conditions law gtc waste law print  attorney at law hannover germany europe trademark competition law save attorney solicitor hannover stuttgart berlin munich german law firmback  german law european law european lawyer specialist expert german law competition law germany copyright law german design lawyer food attorney media law germany online and computer lawyers patent law patent application telecommunications law office trademark law firm classical and modern physics solid state physics mechanics Laser Physics Electrical electronic radiofrequency technologies Telecommunications telematics Mechatronics Information Technology Data Processing Technology image processing technology semiconductor technology consumer electronics computer hardware IT technology software telecommunications automation optics Atomic Physics Molecular Physics Engineering Construction Automotion shipbuilding aircraft Drive Technology Control Technology Process Engineering Production Engineering Production Technology Packaging Paper Technique Product Development Measurement Control Engineering Process Technology Appliances Small Appliances Food Technology Aerospace safety technology power plant technology material technology steelmaking alloys nanotechnology plastics energy technology renewable energy Life Sciences Medical Biology Biophysics biotechnology Microbiology Cell Biology Neurobiology Molecular Biology gene therapy bioinformatics Pharmacy Pharmacology agents Biochemistry Chemistry Physical Chemistry Organic Chemistry Inorganic Chemistry Pharma antibody technology biosimilar generic diagnostic plant biotechnology diagnostic technology implants Immunology enzyme replacement therapy proteins muteins enzymes Transgenic cytokines, ribozymes, antisense RNA, RNAi Virology GM microorganisms plants animals human medicine food polymers catalysts lithography PhotographyOnline-Request