Various economic transactions necessitate compliance with anti-trust law requirements. This is primarily relevant within the scope of mergers and the acquisition of interests in companies. However, other agreements and co-operations are also to be examined under the aspect of whether they lead to direct or indirect impairment of competition.
That said, anti-trust law does not only apply to conglomerates. In particular the prohibition on informal agreements that impair competition is orientated towards all companies, regardless of their market power and sales figures. Accordingly, the anti-trust authorities are increasingly targeting medium-sized businesses.
We provide advice in all areas of German and European anti-trust law. Besides merger control procedures, the latter also includes representing our clients in anti-trust fine proceedings and damages actions. Should the investigations of anti-trust authorities lead to a dawn raid, we can be reached by our clients at any time.
Anti-trust issues often need to be clarified in connection with acquisition of interests or company takeovers: Should particular turnover thresholds be exceeded, merger control proceedings need to be initiated. We assist and represent our clients in such proceedings before the German Federal Anti-Trust Authority and the EU Commission.
Anti-trust law expertise is likewise needed when concluding purchase and distribution agreements. In particular if exclusive purchasing or distribution rights are supposed to be established, customers or territories to be assigned, it can make sense to obtain anti-trust law advice in advance. In addition, BMT advises its clients on drafting and assessing co-operation agreements of any kind in compliance with anti-trust law. And the same also applies to impending research, procurement and development agreements.
Should the anti-trust authorities conduct investigations in respect of suspected cartel agreements, we assist you in considering and examining whether it is expedient to submit a leniency application. We are there to assist our clients, also with dawn raids and in monetary fine and administrative offence proceedings.
In order to ensure adherence to German and European anti-trust law in your company, we assist you with internal investigations and offer compliance programmes and training for this purpose.