Counselling
(i) Diagnostic: Evaluation of planned entries into the market and new distributions systems by consortiums or other forms of cooperations (joint venture), of marketing strategies, of acquisitions and of development or expansion of positions of power.
(ii) Remedy: customized (“only as much as necessary”) structuring, development and implementation of business decisions.
(iii) Current mandates (selected mandates): Automotive industry, banks, brokers, energy industry, capital goods industry, consumer goods industry, credit card industry, aviation industry, media and advertising agencies, patent rights, pharmaceutical industry, jewellery and watch industry, tobacco industry, publishing companies.
Domestic market
(i) Diagnostic: Ascertaining the set of facts relevant to antitrust law – analogous to the Competition Commission. Describing and determining any BGBM-infringement or the legal consequences resulting therefrom.
(ii) Remedy: Designing and implementing measures to make prosecution for a BGMB-infringement possible, or to minimize the risk of litigation.
Risk analysis
(i) Diagnostic: Analysing existing contracts and distribution systems, cooperations (ARGE, consortium contracts) and joint-ventures, market-relevant behavioural patterns, e-mails and chatrooms, internal/external communication as well as press appearances. Evaluating antitrust risks.
(ii) Remedy: Recommendations for eliminating relevant risks without causing potential damaging consequences and collateral damage (reputation and compensation damages).
(iii) Current mandates (selected mandates): Automotive industry, consumer goods industry, media and advertising agencies, tobacco industry, publishing companies.
Alternative dispute resolution
(i) Diagnostic: Determining the set of facts relevant to antitrust law – analogous to an arbitration tribunal. Describing and determining any antitrust violation and the damages flowing therefrom.
(ii) Remedy: Evaluating a claim’s likelihood of success (compensation damages and removal claims), or of defences to a claim. Preparing and conducting extrajudicial proceedings.
(iii) Current mandates (selected mandates): Automotive industry
Government aid
(i) Diagnostic: Analyse the impacts of existing or planned governmental aid as well as other governmental interventions with regard to individual competitors or competition as whole.
(ii) Remedy: Developing and implementing antitrust campaigns as well as lodging appeals against governmental distortions of competition.
Submission and procurement law
(i) Diagnostic: Analysis of planned procurement proceedings (for authorities) as well as determination of flaws in ongoing procurement proceedings (for companies).
(ii) Remedy: Development and implementation of competitive procurement proceedings and preparation and conduct of proceedings before/against awarding authority.
(iii) Current mandates (selected mandates): Railroad industry
Administrative proceedings
(i) Diagnostic: Determination of the antitrust state of facts – analogous to the competition commission (WEKO). Description and determination of the antitrust violation respectively the to be reported company mergers.
(ii) Remedy: Evaluation of the probability of success from a complaint respectively of the protective measures against a complaint or company mergers. Preparation and conduct of proceedings before all instances (competition commission, federal administrative court, federal supreme court) with regards to inadmissible noncompete agreements (cartels) and market abuse as well as merger control (merger &acquisition).
(iii) Current mandates (selected mandates): Automotive industry, banks, brokers, consumer goods industry, credit card companies, jewellery and watch industry, tobacco industry, publishing companies.
Civil proceedings
(i) Diagnostic: Determination of the antitrust state of facts – analogous to the competition commission (WEKO). Description and determination of the antitrust violation respectively the to be reported company mergers.
(ii) Remedy: Evaluation of the probability of success from a law suit (compensation damages and removal claims) respectively of the protective measures against a plaintiff. Preparation and conduct of the proceedings.
(iii) Current mandates (selected mandates): Automotive industry, patent rights