Our antitrust compliance work is focused on the following aspects:
We advise comprehensively on joint venture and cooperation agreements between (potential) competitors in the areas of research and development (R&D), procurement, production and distribution.
Competitors exchange information generally in particular in the context of cooperations or association work in a permissable manner.
However, an exchange of current or future prices, quantities and customers is classified by courts and authorities as a cartel infringement and should therefore be strictly avoided. Furthermore, an information exchange between competitors is relevant under EU antitrust laws if strategic information is communicated. A prior antitrust compliance check is highly recommended. If needed we are happy to assist you.
On account of vast experience and interest in the insurance sector we also advise in this special sector.
The fields of expertise inter alia relates to the assessment of statistics (for instance e.g. claims requirements), common standard policy conditions, benchmarking and market information systems, collaboration in terms of security devices, framework agreement with service providers (e.g. claims settlement), co-insurance solutions and distribution cooperations.
It is evident that work concerning associations is of high importance for our economy. However, associations also need to comply with EU antitrust regulations.
Associations must inter alia be aware that there are no incentives for Anitrust infringements and that meetings are not used for illegal information exchange. An effective compliance mechanism can be established through antitrust guidelines and continuous trainings. We gladly support you with our services.
We counsel our clients in designing their distribution agreements in compliance with antitrust law and in adapting to legal or economic changes. Further, we accompany the negotiations and if needed disputes about terminated distributions agreements as well as associated compensation claims.
Digitalisation has brought far-reaching changes to many industries. This promotes economic development in many ways. Search engines, price comparison websites, social networks and many business models of the sharing economy would not be doable without digitalisation.
However, digitalisation also changes traditional industries in many ways. This results in new challenges to competition law overall. This becomes manifest inter alia in the following areas: