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Antitrust law

Antitrust law affects all companies: in recent decades, almost every industry has been subject to investigations by competition authorities and were ultimately exposed to fines, some of which were severe. Affected by the fines were small and medium-sized enterprises as well as international corporations.

In addition to the limitations it sets for horizontal and vertical agreements, antitrust law also offers scope for cooperation between competitors and along the value chain.

The aim of antitrust law is to keep markets open and to create the necessary framework conditions for diversity, quality, innovation and market-oriented prices for the benefit of consumers. In doing so, antitrust law draws a line between cooperation that is to be assessed positively and inadmissible agreements, the exact course of which must be determined in each individual case and always with reference to the relevant market in each case. It also prevents the abuse of a dominant market position.

In line with Ebner Stolz's general advisory approach, we advise companies of all sizes and from all sectors on the preventive and creative structuring of supply relationships, cooperations with competitors and vertical cooperations in compliance with antitrust law. If you are a financial investor or strategic investor planning to take over another company, we will assist from the structuring of the exchange of information within the framework of a bidding or due diligence process to the notification and clearance of the merger with or by the competent competition authorities.

Our services at a glance

Ad­vi­sing com­pa­nies on an­ti­trust com­pli­ance in all busi­ness ac­tivi­ties

  • Structuring of cooperation agreements and joint ventures, distribution systems, licensing and other agreements
  • Structuring and implementation of settlement of terms and conditions and best value agreements in compliance with the antitrust framework together with our auditors
  • Planning and implementation of compliance training as well as introduction and review - in cooperation with our auditors - of compliance management programmes

Ac­com­pany­ing cor­po­rate tran­sac­tions

  • Conducting due diligence and structuring bidding processes, including clean team agreements and black box procedures
  • Planning and support of merger control proceedings before the competent competition authorities