PRINCIPLE OF EFFECTIVENESS IN ANTITRUST LAW: KEY FINDINGS FOR GERMAN COMPANIES
The principle of effectiveness in EU law requires that the full effectiveness and practical implementation of EU regulations must be guaranteed.
For the assertion of antitrust damages claims in civil proceedings, this means that national regulations and procedures must not make it practically impossible or excessively difficult to enforce EU rights.
An interesting example: In Austria, Section 39 (2) KartG 2005 only allows access to procedural files with the consent of the parties - a provision that the ECJ has classified as incompatible with the principle of effectiveness.
WHY IS THIS IMPORTANT FOR GERMAN COMPANIES? In implementing the Cartel Damages Directive, the German ARC also offers information rights that go far beyond the previous German rules (DISCOVERY LIGHT). The civil courts have not yet found a uniform interpretation of this right. The handling of access to files in Austria could point the way forward for similar cases in Germany.
In our article, you will find out how Austrian courts currently deal with access to documents and the principle of effectiveness and what lessons German companies can learn from this. A must-read for anyone working in international competition law.
🔗 Read more from author PROF. DR. ULRICH SCHNELLE https://beck-online.beck.de/ GRUR-Prax 2024, 403
We are delighted that our colleague Mike Kraiss has been honored with the "Best Lawyers: Ones to Watch" award in the "Mergers & Acquisitions" category!
We asked Mike for a short interview to find out more about his experiences and the work at our law firm.
WHAT ROLE DO YOUNG LAWYERS PLAY AT HAVER & MAILÄNDER AND HOW ARE THEY ENCOURAGED? "At our firm, young lawyers have the opportunity to take on responsibility early on and work on important projects. This freedom not only promotes our personal and professional development, but also helps us to be recognized in the market at an early stage."
WHY DOES THIS APPROACH MAKE HAVER & MAILÄNDER ATTRACTIVE FOR CLIENTS, ESPECIALLY IN THE AREA OF M&A AND MID-MARKET TRANSACTIONS? "Haver & Mailänder offers tailor-made solutions and intensive personal support. We work on every transaction as a team, deliberately involving young lawyers in responsible roles. The aim is to introduce fresh ideas and ensure a consistently high quality of work through different perspectives and critical questioning. This quickly creates an experienced and well-coordinated team between partners and associates, which efficiently manages the considerable time and resources required for a transaction and ensures optimal results for our clients."
HOW WOULD YOU DESCRIBE THE COLLABORATION BETWEEN PARTNERS AND ASSOCIATES AT HAVER & MAILÄNDER? "The cooperation is characterized by team spirit and mutual support. We associates benefit from the knowledge and experience of the respective partners and also work closely with other partners across practice groups to find the best solutions for our clients. This collegial environment is an essential part of our success!"
HOW DO YOU SEE FUTURE DEVELOPMENTS IN M&A AND VENTURE CAPITAL, PARTICULARLY IN THE SME SECTOR? "The prospects in the area of M&A and venture capital are particularly exciting. Medium-sized companies continue to rely heavily on strategic partnerships and acquisitions, including for their own succession planning, as well as on venture capital to compensate for innovation deficits and expand their product portfolio. For us, this means that we must continue to live up to our claim of offering excellent individual and strategic advice in each individual case."
ESG REGULATIONS: PAPER TIGER OR VALUE DRIVER?
3 questions for Dr. Peter Mailänder from HAVER & MAILÄNDER Rechtsanwälte
Non-listed companies face major challenges in complying with ESG regulations. There is often a lack of understanding of the positive impact of ESG compliance and data security.
Dr. Peter Mailänder shares his insights in the latest issue of FYB.de Financial YearBook Publishing:
ESG regulations: paper tiger or value driver? High costs, questioned added value, but increasing company value
DATA PRIVACY AND SECURITY: Critical factors in the due diligence process for international transactions
GROWTH STAGES: Successful contributions to digital transformation and medical technology transactions
Find out how HAVER & MAILÄNDER Rechtsanwälte supports companies in mastering ESG issues and why the law firm is well positioned for the future.
Read the full interview here: Lawyers must also coach sustainability in transactions/
THE BEST LAWYERS KNOW WHO THE BEST LAWYERS ARE
We congratulate all award winners at HAVER & MAILÄNDER Rechtsanwälte on this success! "GERMANY'S BEST LAWYERS 2025"
We are proud to announce that 15 of our lawyers have been recognized by Handelsblatt and the lawyer ranking platform Best Lawyers for their achievements and expertise!
We are particularly pleased about the highest awards for Prof. Dr. K. Peter Mailänder and Dr. Klaus-A. Gerstenmaier (of counsel).
In addition, Mike Kraiss was included in the category "Ones to Watch" for promising talents at Best Lawyers. Congratulations on your outstanding achievement and recognition, Mike! The following of our lawyers were honored for 2025:
Congratulations to all colleagues for the outstanding awards and the recognition of their legal achievements!
SUCCESSFUL CONCLUSION OF THE BOSS OPEN 2024
The winner of the BOSS OPEN 2024 is Jack Draper! The 22-year-old Brit won a high-class final against Stuttgart specialist Matteo Berrettini and celebrated his first tournament victory on the ATP Tour. 🏆 We would also like to congratulate the doubles winners Rafael Matos and Marcelo Melo.
Tournament director Edwin Weindorfer was delighted with the large audience of 53,000 fans and the president of the Weissenhof tennis club, Dr. Hans-Georg Kauffeld, announced the continuation of the cooperation with the organizer emotion group until 2030. Today, TC Weissenhof Stuttgart e. V. is one of the largest and most traditional tennis clubs in Germany with around 950 members.
As a sponsor, we were proud to be part of the excitement and experience this exciting event. From HAVER & MAILÄNDER Rechtsanwälte (from right): the President of the Weissenhof Tennis Club Dr. Hans-Georg Kauffeld, the former President Dr. Gert Brandner, Managing Partner of Haver & Mailänder Dr. Timo Alte and Markus Bettecken
Congratulations to all participants and we are already looking forward to next year!
At the DIS spring event on May 2 and 3, 2024 in Hamburg, the German Arbitration Institute (DIS) German Arbitration Institute announced the newly appointed coordinators for the DIS regional groups. HAVER & MAILÄNDER Rechtsanwälte was present in Hamburg in person and as a sponsor of the event.
We are pleased to announce that our partner Dr. Roland Kläger has been appointed as one of the regional coordinators for the Stuttgart regional group.
The DIS-REGIONAL GROUPS offer a new forum for practice-oriented exchange of experience and networking between arbitration practitioners in different regions. They are also explicitly aimed at in-house counsel and members of the public sector.
As a leading law firm in the field of arbitration, we are proud to be part of this new DIS initiative.
Read more in the JUVE article: DIS now also active in regional groups
We are proud to announce that Bettina Backes - who worked for many years as a lawyer at our law firm HAVER & MAILAENDER - has succeeded Dr. Breuninger as Chairwoman of the LITERATURHAUS STUTTGART.
Bettina Backes has been involved in the founding, supporting and accompanying the house for many years and is now looking forward to the new task in a different role. "It is an honor for me to continue the work of the past years together with the small but no less successful team and the very committed board members."
We congratulate Ms. Backes on her new position and wish her all the best. As part of our ongoing commitment to ART AND CULTURE in Stuttgart, the Literaturhaus Stuttgart can continue to rely on the support of HAVER & MAILAENDER.
Bettina Backes, specialist lawyer for information technology law
[Press Release_Change of Board of Directors at the Literaturhaus Stuttgart.pdf](Press Release_Change of Board of Directors%20at%20the%20Literaturhaus%20Stuttgart.pdf)
