Your law firm for Competition law

It protects competition as such. Agreements between undertakings that restrict competition are prohibited, as is the abuse of a dominant position or of significant market power; in addition, there is merger control. The legal bases are the German Act against Restraints of Competition (GWB) and Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

The UWG (Act against Unfair Competition) governs market conduct – for example whether advertising is misleading, a product is unfairly imitated or a customer is aggressively pressured. Competition law protects market structure: that competition exists in the first place and is not eliminated by agreements or market power. In practice the two often overlap, for instance in distribution.

No. Fixed or minimum resale prices are generally not permitted, nor is pressure intended to enforce such prices. Non-binding recommended prices and maximum prices, on the other hand, are allowed – as long as they genuinely remain non-binding.

In certain circumstances, yes. Within a selective distribution system, the manufacturer may prohibit sales via third-party platforms in order to protect the image of its products. It may not, however, prohibit its dealers from selling online altogether.

Many agreements are permitted under block exemptions – in distribution, for example, if the market shares of the parties each do not exceed 30 % and no hardcore restriction has been agreed. Outside these safe harbours, an individual assessment is required.

The clauses concerned are void, often with consequences for the agreement as a whole. The authorities can impose fines of up to ten per cent of worldwide group turnover. In addition, competitors and customers may bring claims for injunctive relief and damages.

Yes. The law presumes that a cartel has caused harm; a decision by the competition authority is binding on the courts. Claims generally become time-barred five years after the claimant becomes aware of them, but the limitation period is suspended during proceedings before an authority. We first assess whether, and to what extent, taking action is worthwhile.

Yes. Competition law is German and European law and applies uniformly throughout Germany. We advise businesses across Germany and represent them before the specialised competition courts and vis-à-vis the Federal Cartel Office – in person, by telephone or by video.

Slopek Intellectual Property has its office at Zippelhaus 6, 20457 Hamburg – a few steps from Meßberg underground station. If your business needs a competition lawyer, your contact is Rechtsanwalt Dr. David Slopek, LL.M., Certified Specialist in Intellectual Property Law (Fachanwalt). We act from Hamburg throughout Germany; meetings can take place at our office or by video, and enquiries can be sent to david.slopek@slopek.com.

An antitrust lawyer should review distribution, supply and cooperation agreements before they are signed – especially where they involve price requirements, territorial protection, exclusivity or restrictions on online sales. It becomes urgent when the Federal Cartel Office requests information or carries out a dawn raid, when a powerful supplier or customer dictates terms, or when you want to claim damages from a cartel. We assess the likely effort after our first conversation.