The relevance of anti-trust law is not limited to merger control or the abuse of a dominant market position. In our litigation and arbitration practice, we frequently come across incidental anti-trust issues. One example are vertical restraints in distribution law.

An increasingly important field of anti-trust practice is cartel damages claims.

The consequences of antitrust infringements are considerable for the companies concerned. In addition to considering a leniency application to reduce any fines, the cartel members have to deal with the occurring reputational damage and damages claims brought by cartel victims.

Our tactical considerations in cartel damage litigation depend on whether we represent cartel members or cartel victims. In order to avoid litigation from the very beginning, cartel members might take into account the option of a termination agreement. By way of such agreement, the cartel members undertake to terminate the cartel, and not to submit any leniency applications. For cartel victims, securing evidence is the most pressing issue once a cartel has been unveiled.

BODENHEIMER Representative Matters as Parties’ Counsel

Advised a large number of clients from diverse industries on anti-trust issues arising out of distribution contracts, taking into account, amongst other things, the relevant Block Exemption Regulations, in particular on Vertical Restraints and Research & Development