Competition and EU law
With twelve specialist lawyers and one project lawyer in Brussels, Düsseldorf and Mönchengladbach, we advise companies, industry associations and public institutions on all questions of competition law and state aid law as well as EU law. For advice on cross-border issues we are equipped with a network of partner firms abroad with whom we cooperate regularly.
"Clients value Kapellmann und Partner for its ‘excellent level of service, quick processing times and practical advice’. According to one client, it is the ‘top team for antitrust cases’ and is led by Axel Kallmayer, Ivo du Mont and Robin van der Hout and advises on the entire antitrust spectrum.""Kapellmann und Partner develops great, tailor-made products that are very helpful for inhouse consulting." – Legal 500 Germany 2019 and 2020
"specialist for so-called vertical cartels" – JUVE Handbook 2019/20
Leading firm for European and international law. One of the 10 competition law firms most frequently recommended by inhouse lawyers– Kanzleimonitor 2016/2017 (law firm directory of the German federal association of in-house lawyers)
A leading law firm for competition law – FOCUS-Spezial Deutschlands Top-Anwälte 2019 (annual ranking of Germany's leading lawyers by FOCUS magazine)
"A respected antitrust practice that is developing ambitiously.", "The antitrust team around Kallmayer is [...] successful across Germany." – JUVE Handbook 2013/14
Recommended law firm for competition law – Handelsblatt/Best Lawyers® "Germany's Best Law Firms and Lawyers 2019"
We represent companies and industry associations in competition and merger control proceedings before German and EU competition authorities. We advise on the formation of supply and distribution contracts as well as cooperation agreements between competitors in conformity with competition law.
- Regular competition law advice to several industrial groups (including three DAX30 and three MDAX groups) as well as to numerous medium-sized companies
- Representing companies and associations in competition law proceedings concerning heat stabilisers, confectionery, fire-fighting vehicles, eyeglass lenses, the retail sector, chemical wholesale, building materials, beer, mining etc.
- Ongoing competition law applications to the Bundeskartellamt (federal competition authority), e.g. for major project developers in the field of renewable energy
- Advising several operators of essential infrastructure on avoiding infringements of the prohibition of abusive practices
The avoidance of competition law infringements is a matter of critical importance for companies and associations. We develop and implement bespoke corporate compliance programmes that help to avoid infringements of competition law (and on request other standards e.g. anti-corruption policies).
We carry out audits in order to resolve possible infringements internally, where necessary taking into account aspects of criminal law. As a multi-disciplinary partnership, we also have access to the skills required for this in other areas of law, e.g. in employment and data protection law, and we have packaged these together into one sector group.
“In the field of corporate compliance advice, Kapellmann applies its expertise using a deliberately interdisciplinary approach, whether in construction, corporate or competition law. The latter receives praise nationwide thanks to Dr Axel Kallmayer.” – JUVE Awards 2012
- Development and implementation of corporate compliance systems, training programmes and e-learning for more than 30 companies and associations
- Conduct of internal investigations for several globally active German industrial companies, both preventatively and for the clarification of concrete grounds for suspicion
We advise beneficiaries and providers of state aid on the legally secure design thereof and, where appropriate, manage notification to the EU. In investigation proceedings we represent those concerned before the European Commission with the objectives of avoiding demands for repayment and finding arrangements for the future that are in compliance with state aid law. In this we benefit from the proximity of our Brussels office to the EU institutions.
Recommended firm for state aid law – Legal 500 Germany 2020
- Regular advice to several Federal States and municipalities regarding the legally secure design of their public services, e.g. through acts of entrustment
- Support of private investors in the public funding of investment projects
- Advice to several international commercial airports, both preventative and in pre- and main examination proceedings at the European Commission
We advise companies, associations and public institutions on all matters relating to the complex and increasingly significant area of EU law. This includes regulatory issues of the EU internal market such as product safety and standardisation as well as financial services.
Our office in the Brussels EU-quarter has an excellent understanding of Brussels’ rules and processes. At the same time, as a medium-sized German firm we understand the interests of our clients and know how to represent them before the institutions of Brussels. We also frequently appear before the EU courts.
"Very strong contacts to European institutions" – JUVE Handbook 2018/19
"The team led by Dr Robin van der Hout is very experienced in the legal representation before the EU Courts, e.g. of the Federal Republic of Germany."; "well networked in Brussels" – JUVE Handbook 2015/16
- Representing the Federal Republic of Germany before the European Court of Justice in its defence against the demerger of Deutsche Bahn AG pursued by the EU
- Continuing advice to companies and associations on questions of internal market law and financial regulation
- Several legal opinions on EU product safety law for federal authorities
- Representation in anti-dumping procedures