EU & German Competition Law
As Brussels-based competition law boutique, Ziegler SAAT assists clients in manoeuvring antitrust risk. Our practice covers the entire bandwidth of EU and German competition law, including . . .
Ideally, a compliance culture is built into the key operations and processes of a business and endorsed by senior management.
We have extensive experience in competition compliance matters, both from the in-house and external counsel perspective; to minimise antitrust risk, we advise on the design, preparation, roll-out and implementation of compliance programmes, both through in-person and on-line compliance training. We regularly provide advice on competition compliance questions.
Ziegler SAAT lawyers handle EU and German merger control proceedings, and coordinate merger notifications with local counsel in other jurisdictions. We also assist clients who are disagreeing with mergers/joint ventures of competitors, suppliers or customers.
Horizontal and Vertical Agreements
Ziegler SAAT advises on horizontal and vertical agreements alike, including on agreements with sustainability objectives.
Cartels & Abuse of Dominance
In the area of cartels (including atypical cartels) and abuse of dominance cases, Ziegler SAAT provides advice on any stage of the procedure before the EU Commission or the German Federal Cartel Office, including possible dawn raids, cartel settlement negotiations and the challenge of a fining decision in court.
- Advice regarding competition compliance, including design, revision and implementation of compliance programmes;
- Advice on horizontal agreements, including cooperation agreements with sustainability objectives (e.g. regarding information exchange, R&D&I, production, purchasing, specialisation, commercialisation and standardisation);
- Advice on vertical agreements, including agreements with sustainability objectives; this may concern distribution (including exclusive and selective distribution), R&D&I and technology transfer agreements;
- Multi-jurisdictional merger filing analysis, including possible foreign direct investment (“FDI“) filing requirements;
- Representation in merger control and other proceedings before EU Commission and German Bundeskartellamt (Federal Cartel Office — “FCO“);
- Coordination of local counsel in multi-jurisdictional merger control projects;
- Counselling on preparatory measures before implementing a transaction and on communications, media and lobbying strategies;
- Preparation and negotiation of remedy proposals;
- Advice on any stage of the procedure before the EU Commission or the German FCO in cartel and abuse of dominance cases and cases of market dominance and other restrictive practices;
- Drafting and handling of complaints before EU Commission and German FCO;
- Representation in litigation before EU and German courts.
EU State Aid Law
We have extensive experience in EU State aid law, both before the European Commission and the EU courts. We assist beneficiaries from the very early stages of a possible State aid measure throughout pre-notification and formal notification. We also represent clients in challenging Commission State aid decisions before the EU courts. We are drafting and filing complaints to the EU Commission in cases of un-notified or otherwise unlawful State aid measures and schemes. We also represent clients in challenging Commission State aid decisions before the EU courts.
Amongst others, Clemens Ziegler has represented Tempus Energy, a UK demand response company, in a successful application for annulment of the Commission’s 2014 decision approving the GB electricity capacity mechanism (Capacity Market); in November 2018, the General Court of the EU annulled the mentioned Commission decision; it was the first annulment of a Commission approval of an electricity capacity mechanism.
- Advice on questions regarding EU State aid rules;
- Drafting and filing of complaints and other submissions in State aid matters; representation of interested parties before the EU Commission;
- Advice on the design of State aid measures and schemes;
- Assisting beneficiaries at the stage of pre-notification discussions between EU Commission and Member State as well as throughout the notification procedure;
- Challenging Commission State aid decisions before the EU Courts;
- Assistance with third party interventions in on-going State aid proceedings before the EU Courts.
General EU Law & German Public Law
Ziegler SAAT assists clients with questions of general EU law (including trade and customs law) and German public law. We assist in dealings with the EU institutions, as well as in proceedings against those institutions before the General Court of the EU (“GC“) and the Court of Justice of the European Union (“CJEU“). Likewise, we assist clients in interactions with German federal and State ministries and authorities, both in and out of the courtroom.
- Advice on EU legislative process;
- Access to documents held by EU institutions or by federal or State ministries and authorities in Germany;
- Advice regarding (non- or deficient) implementation of EU directives or other types of EU law violations, as well as violations of German constitutional law;
- Applications for annulment against acts of EU institutions before the GC;
- Preliminary references to the CJEU on the interpretation of EU law;
- Representation in appeal proceedings against judgments of the GC before the CJEU;
- Advice regarding the EU internal market’s fundamental freedoms (free movement of goods, services, persons and capital) and the EU Charter of Fundamental Rights;
- Advice regarding the interpretation of EU legislative and regulatory acts, as well as German laws, regulations and administrative acts.