Antitrust Law
The long-term business success of a company depends on a sustainable and forward-looking way of doing business which ensures that competitors or authorities do not find weak points. Increasingly, this includes protection against antitrust charges from authorities or competitors.
SKW Schwarz advises companies about merger control and other plans which might trigger charges that the company restricts, distorts or prevents competition. We analyse merger and cooperation plans concerning any antitrust issues and support companies in their daily business. Establishing a distribution network, extending the market position or intensifying business contacts are only some issues which might touch upon antitrust law. Overlooking any risks may result in considerable fines, damage payments or other, sometimes serious consequences.
We conduct complaint proceedings before the EU Commission and represent our clients in monetary fine and subsidy procedures before authorities and in court.
Examples
We represented an energy supplier which does business all across Germany and which was charged with being a member of a customer protection cartel both during the monetary fine procedure before the Federal Cartel Office (Bundeskartellamt) and the subsequent court proceedings.
We advised a number of event companies about how to formulate their client contracts in keeping with antitrust requirements. In addition, we represented a large German company from this sector in front of the relevant authorities in an antitrust procedure concerning charges of a misuse of a dominant market position.