Haver & Mailänder Rechtsanwälte
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Details can be decisive.

We concentrate on the detail.

Antitrust, public procurement and state aid law

Ever since the law firm was first founded, advice on antitrust law has been one of the main focuses of our legal activity. We support our clients on all issues of German and European antitrust law and on public procurement and state aid law– if appropriate in close collaboration with the law firms with which we cooperate internationally. We provide advice on M&A transactions, drafting contracts and, for example, also on drawing up and implementing antitrust and public procurement compliance programs. We have particular experience and expertise in representing our clients’ legal interests at European and national competition authorities and courts on all types of procedures and at all court levels. We have repeatedly prevailed on our clients’ behalf in administrative and judicial proceedings of fundamental significance.

Typically our activity focuses on:

  • Merger control with registration notification of planned mergers with the national competition authorities and the EU Commission, coordination of multiple jurisdiction filings;
  • Antitrust distribution advice in contract drafting for the collaboration between suppliers and customers, advice on horizontal cooperation (e.g. joint ventures);
  • Representation at antitrust administrative fine proceedings before the German Federal Cartel Office and the EU Commission including leniency program and settlement proceedings and legal protection at the courts of competent jurisdiction;
  • Civil law enforcement and defence against antitrust (compensation) claims;
  • Drawing up and implementing antitrust and public procurement compliance programs; training of management, sales and purchasing personnel;
  • Abuse control, in particular: rebate schemes, exclusivity agreements, questions of unfair impediments/discrimination and pricing abuse, essential facilities;
  • National and EU public procurement law, in particular support for clients awarding contracts subject to a compulsory tender process; special experience in accompanying clients placing contracts for carriage of persons by road and rail and in the sectors of water and energy;
  • Support for both parties – the party awarding the contract and the party executing it – in public procurement procedures and on services concessions and on document, deadline and testing management;
  • Representing the party placing the contract and the supplier side at review procedures before public procurement chambers and courts, representation of awarding authorities at audit courts and before the EU Commission;
  • State aid law, in particular providing support during corporate restructuring and on infrastructure projects, testing the conformity of state aid for services of general interest.
Haver & Mailänder Rechtsanwälte
HAVER & MAILÄNDER Rechtsanwälte Partnerschaft mbB | Lenzhalde 83-85 | D-70192 Stuttgart
Tel.: +49 (0)7 11 / 22 74 40 | Fax: +49 (0)7 11 / 2 99 19 35 | Email: info@haver-mailaender.de