Legal Areas


Antitrust Law

"Pragmatic and at the same time extremely competent legal advice at the highest level in all areas of antitrust law. Extremely pleasant cooperation with all antitrust law experts."

(The Legal 500 Germany 2024)

Antitrust law creates risks, but also opportunities for your company. Our goal is to help you effectively avoid such risks. That’s why, like you, we take an entrepreneurial approach when developing sustainable ways for your company to achieve its business goals without falling foul of antitrust law.

Our antitrust team advises on state aid and subsidy law matters and assists with applications and administrative proceedings before national and international authorities. You can call on our experts from our offices in Germany, Belgium, Russia and China, as well as the antitrust experts of our ADVANT Alliance.  

The ADVANT Beiten Brussels office has many years of experience and deep specialist knowledge of state aid measures and investigations by the European Commission. Often, we can find amicable solutions with the EU institutions for our clients. You can rely on our expertise on how best to respond, for example, when the European Commission requests information as part of an investigation into restrictions of competition. We are familiar with the antitrust, merger control and state aid rules of the European Union and those at member state level, and support our clients throughout the relevant application and approval procedures for planned investments.

Where it is impossible to reach an understanding, we represent clients from one source in proceedings before the European General Court (EGC) and the European Court of Justice (ECJ) on the legality of Commission decisions. Our expertise in litigation before the EU Courts – all from one source – is significant.

Our early warning systems clarify recent developments in EU law and whether action is needed. This allows us to inform our clients swiftly and help them respond appropriately and proactively. In addition, we advocate for changes to (draft) legislation in the interests of our clients.

At a glance:

  • Summary and criminal proceedings for breaches of antitrust law
  • Cartel damages claims
  • Merger control
  • The antitrust law applicable to distribution systems, cooperation between undertakings and joint ventures
  • Abuse of a dominant position and sectoral competition law
  • Antitrust compliance
  • Enforcing fundamental freedoms
  • Customs law
  • Anti-dumping proceedings
  • State aid and subsidies
  • Application procedures
  • International trade
  • Compliance and market access
  • Legal lobbying

Antitrust investigations

  • Dawn Raid Response Team to provide legal assistance during unannounced searches
  • Defence against the investigative measures of competition authorities and public prosecutors
  • Internal investigations to clarify and establish facts
  • Preparation and submission of leniency applications
  • Worldwide coordination in cross-border antitrust investigations
  • Representation in court proceedings against fines imposed by competition authorities

Antitrust litigation

  • Case analysis and damage assessment; support with data preparation
  • Development of trial and litigation strategies
  • Representation and assistance in enforcing or defending against cartel damages claims
  • Assistance with litigation financing and PR
  • Enforcement of claims for recourse against employees involved in cartels

Merger control

  • Merger control feasibility studies
  • Assistance with the execution of due diligence; Clean team
  • Assessment of the merger control filing requirements in all relevant jurisdictions
  • Representation in merger control proceedings in Germany, the EU and Russia
  • Worldwide coordination in multi-jurisdictional filings
  • Third-party interventions against merger control clearance

Distribution, cooperation and joint ventures

  • Drafting of exclusive and selective distribution and franchise agreements
  • Development of product marketing strategies and preservation of the brand image
  • Structuring of e-commerce and cross-border sales
  • Advising on joint purchasing and cooperation in research and development
  • Advising on the establishment and design of joint ventures

Misuse of market power and sector investigations

  • Advising and representation in investigations by national and EU authorities and before courts in cases of exclusionary, discriminatory or exploitative abuses of market power
  • Advising on sector-specific competition law in relation to the energy, media, telecommunications, banking and insurance industries

Antitrust Law compliance

  • Group-wide antitrust risk analyses and audits
  • On-site and online compliance training and development of compliance guidelines
  • Coordination of worldwide dawn raid response teams
  • Whistle blower systems and integrated antitrust law help desks
  • Prevention of cartel damages

Brussels

Brussels sets the competition law course for Europe. Our lawyers have worked closely with the EU institutions for close to 20 years. This relationship enables us to react swiftly and directly in the case of dawn raids or other similarly urgent issues, particularly those being investigated by the European Commission. In addition, our clients profit from our sound litigation experience before the European Court of Justice. Our international team of lawyers advises on the broad spectrum of antitrust law issues, including the interplay with the following areas of law: