Competition Law

In the last years, competition law has become more and more important in legal consulting practice.

The Federal Competition Authority and the European Commission have made considerable efforts to prosecute and sanction cartel violations. Fines may be imposed reaching up to 10% of the overall world-wide turnover of the undertakings concerned.

Furthermore, cartel members increasingly may be confronted with actions for damages from harmed undertakings. In order to reduce such risks, undertakings are well advised to take adequate compliance measures.

The digitalisation of economy also raises numerous new challenges from a competition law perspective which are increasingly being addressed by the competition authorities and the legislature.

Dr. Thomas Hieber has a long experience in the area of German and European competition law and advises untertakings from various economic sectors on all relevant issues such as cartel damage claims, creation of distribution and cooperation agreements and compliance matters.

Actions for damages

In the last years, the number of cartel damage claims has constantly increased in Germany. This development has been accelerated by the entry into force of the EU antitrust damages directive. Germany is considered to be one of the most attractive places in Europe for actions for damages in antitrust cases. Due to the Brexit, it is very likely that the number of private damages proceedings in Germany will continue to increase. Dr. Thomas Hieber has taken part in some major private damages proceedings over the last years and represents both claimants and defendants.

Distribution

Dr. Thomas Hieber provides comprehensive advise on the creation and restructuring of distribution systems. From a competition law perspective, there are particular challenges regarding e-commerce, pricing issues on supply side and selective distribution systems. It is our aim to meet the needs of our clients as far as possible within the framework of competition law.

Compliance

Given the level of fines and possible actions for damages, the prevention of antitrust violations is of key importance. Dr. Thomas Hieber offers tailored compliance trainings on competition law for undertakings and advises associations and undertakings regarding potentially relevant meetings and other contacts between competitors.

Digitalisation

The digitalisation enables new business models and changes the traditional economic sectors. This also has a massive impact on competition.This is especially the case with regard to e-commerce, online platforms, price algorithms and geoblocking. Dr. Thomas Hieber advises small and middle-sized enterprises on all relevant competition law issues.