Antitrust and State Aid
Antitrust laws have become a key driver of corporate strategy in recent years. Today companies must be very careful to ensure that business practices and sales strategies are in accord with national and European competition rules. And all decisions must remain economically viable.
Especially in sales, many diverse legal challenges arise. Companies are responsible for an antitrust-compliant design of sales contracts and terms and conditions, particularly with regard to pricing, exclusivity clauses, or market-allocation schemes. Antitrust violations, on the other hand, can have serious financial consequences – sanctions can amount to up to 10% of global annual revenue.
We help you minimise all antitrust and sales risks. We do this by working with you to develop legally certain business and sales strategies that meet regulatory requirements and always keep your business interests in mind.
Legal Consultation in Antitrust Law and Sales
Antitrust law is designed to protect fair competition and prevent anticompetitive practices. In all areas of their business, companies must therefore comply with antitrust regulations and come to terms with sales-related legal challenges.
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In this regard, legal support is particularly necessary in the following areas: Mergers & Acquisitions (Joint Ventures): Mergers and acquisitions, if they meet certain parameters, may be reported to antitrust authorities for verification that competition does not restrict market share.
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Cooperation with competitors: Even for strategic partnerships or joint projects, it must be ensured that they do not impede competition.
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Design and review of sales contracts: Whether online shops, reseller models, commercial agent contracts, franchise contracts, or supply contracts - all these agreements must not only be economically viable, but also legally secure.
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Preventive measures - audits and training: Internal processes and contracts should be regularly reviewed for antitrust compliance in order to prevent violations.
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Consultation in grant law: Companies receiving government funding or subsidies must ensure that they comply with EU competition law.
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Safeguarding business relationships: By reviewing General Terms and Conditions and contractual clauses, legal risks can be minimised, and pitfalls can be avoided.
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Enforcement of and defence against claims: Companies need legal assistance with settlement claims of commercial agents, contract terminations, or claims for damages.
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Representation in court: In disputes, competent representation before courts, chambers, and the authorities is essential to safeguard corporate interests.
Our Antitrust and Sales Expertise
From internal audit to proceedings at the national and EU level, we offer you a full range of antitrust and sales services.
Antitrust compliance – training and prevention
Our comprehensive training and compliance programmes educate employees and management on antitrust risks and keep your business safe.
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We provide industry-specific training on the prevention of legal violations and especially raise awareness of employees in risk positions, such as those in sales and marketing, for compliance issues.
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Companies are prepared for how to behave optimally if there is a crisis during search and seizure operations.
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Our specialists conduct antitrust audits on operations to identify and correct potentially critical business practices.
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In the field of sales, we support the development of antitrust-compliant sales structures.
Pricing
Antitrust law prohibits price fixing that distorts competition. Our firm advises and informs companies on admissible and inadmissible pricing. We provide legal support for:
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Analysis and evaluation of pricing strategies for their admissibility under antitrust law.
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Review of sales contracts to avoid inadmissible price commitments.
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Representation in antitrust proceedings if a company is prosecuted for price fixing.
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Review of price recommendations and price ceilings to avoid antitrust risks.
Legal support for company mergers
In business mergers such as acquisitions or joint ventures, antitrust review plays a key role. The success of a transaction often depends on its admissibility under competition law.
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Mergers, acquisitions, or joint ventures must be reviewed and approved under antitrust law.
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We accompany merger applications and work directly with national authorities and the European Commission.
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Antitrust audits parallel to due diligence help sellers to identify possible agreements in violation of antitrust law at an early stage.
Principal Witness Programmes
If companies were involved in anticompetitive agreements, a principal witness application may be a way to reduce or avoid penalties altogether. Deciding on a principal witness application requires professionalism and discretion. We will support you with the following matters:
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Review whether a principal witness application makes sense
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Preparation and submission of the application to the competent authorities
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Strategic guidance throughout the process
Legal representation in antitrust proceedings
If proceedings are already underway or have been initiated, we will develop an individual defence strategy.
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We represent you before the Office of Competition and Consumer Protection (UOKIK), the European Commission, and in national and European courts.
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Companies can also defend themselves against companies with market dominance or against planned mergers of competitors, suppliers, or buyers.
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We will assist you in legally challenging unlawful state aid.
Consultation on the creation and review of General Terms and Conditions
With our support, you will ensure that your terms and conditions are formulated in a legally certain way and that they protect your business processes. Our services:
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Legal review and adaptation of existing General Terms and Conditions
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Creation of industry-specific terms and conditions for sales systems, e-commerce, or services
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Protecting contractual conditions against the risk of challenging their legality
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Consultation on warranty, delivery terms, and contract termination
References & Success Stories
We will stand by your side with extensive antitrust expertise and commitment. Below are some of our most recent successful clients.
Obtaining antitrust clearance for a client in the HORECA industry
SDZLEGAL Schindhelm advised a client from the HORECA industry on obtaining antitrust clearance for a concentration in connection with a planned M&A transaction. The legal advice primarily involved supporting the client in market research and then preparing all documents necessary to apply for the clearance. On behalf of the client, the law firm communicated with the antitrust authorities and provided all necessary explanations in this regard.
Obtaining antitrust clearance for a client in the renewable energy sector
SDZLEGAL Schindhelm advised a client in the renewable energy sector on obtaining antitrust clearance for a concentration in connection with a planned joint venture. The legal advice primarily included supporting the client in market research and then preparing all documents necessary to apply for the consent. On behalf of the client, the law firm communicated with the antitrust authorities and provided all necessary explanations in this regard.
Verification of the distribution model adopted by a retail client
SDZLEGAL Schindhelm advised a client from the retail industry on ensuring compliance with the law of the adopted model of agents' work and retail distribution of its products. The Law Firm's advice included an analysis of the so-called potential problem of price fixing and discussing the retail resale price.