Regulation & public law
Competition rules affect everyday commercial conduct and major transactions. We advise on distribution restrictions, competitor cooperation, abuse issues and merger-control requirements.
Scope of our advice
The review considers the relevant market, parties’ roles and the proposed conduct. Transaction screening needs to address German and EU jurisdiction, timing and standstill requirements. Private damages claims and authority investigations raise additional procedural issues.
What needs attention
Commercially sensitive information must be controlled during transactions and collaborations. A confidentiality agreement alone may not be sufficient to manage competition risks.
Commercial cooperation, market conduct and acquisitions
Competition review covers agreements between competitors, supplier-distributor restrictions and conduct by businesses with significant market power. The assessment depends on the market, the parties’ roles and the purpose and effect of the arrangement. Information exchanges deserve particular attention in joint projects, trade associations and transaction due diligence. We help distinguish information needed for a legitimate activity from commercially sensitive material that should be restricted, aggregated or handled through an appropriate clean-team process.
How the legal work is organised
For acquisitions, the first question is whether the transaction and relevant thresholds create a filing requirement in the EU or national jurisdictions. Merger control is assessed alongside investment screening and other approvals. The transaction documents need to address notification responsibility, cooperation, conditions and any prohibition on early implementation. For ongoing conduct, the work may involve revising contract terms, training commercial teams, responding to an authority or preparing a defence. Compliance advice should reach the actual pricing, sales and information processes, not remain only in a policy manual.
Four practical examples
Illustrative scenarios explaining typical legal issues; these are not statements about specific client mandates.
Acquisition notification
Two businesses agree a merger. We assess filing requirements and completion restrictions before the integration starts.
Practical approach. The filing assessment needs accurate group turnover and control information. A transaction that falls outside EU review may still require national analysis, so the absence of one filing is not the end of the exercise.
Resale pricing
A supplier wants dealers to follow fixed resale prices. We review the proposal and lawful alternatives for commercial guidance.
Practical approach. The analysis should examine the restriction in context, including commercial incentives and how it is enforced. Renaming a fixed resale price as a recommendation does not resolve the issue if conduct contradicts the label.
Competitor collaboration
Competitors propose joint procurement. We assess market conditions, information sharing and contractual safeguards.
Practical approach. A clean-team protocol should define permitted information, recipients, use and reporting. The commercial team must understand that signing an acquisition agreement does not necessarily permit operational coordination before clearance.
Dawn raid
An authority arrives to inspect premises. We support a disciplined response, protect relevant rights and preserve records without obstructing the investigation.
Practical approach. An authority response should be coordinated, accurate and supported by preserved records. Staff should know the escalation route and avoid informal attempts to reconstruct or alter documents after an investigation begins.
Preparing the first discussion
Provide the proposed agreement or transaction structure, ownership information, relevant turnover and a description of products, customers and competitors. Explain what information is exchanged and who receives it. Where an authority has contacted the business, preserve the correspondence and relevant records promptly and identify any response deadline before undertaking a broader internal review.
Related expertise
Public procurement & concessions · State aid & subsidies · Permits & regulated businesses
Discuss your business matter
Tell us which parties and countries are involved, what you want to achieve and whether a deadline is approaching. We will clarify the scope, the appropriate legal team and the fee arrangements before work begins.
Reference: EU legislation and case law. English translations of German legislation may lag behind the authoritative German text. Application depends on the facts and the relevant current law.