The team at Oppenländer, split between Munich and Stuttgart and headed by Who’s Who Legal: Competition nominee Albrecht Bach, is often cited as one of the country’s top competition litigation firms – but Bach is keen to emphasise that the team is well rounded, with strength across behavioural investigations and merger control.
A recent highlight has been the representation of EnBW Energie Baden-Württemberg as the energy company sought access to DG Comp documents linked to the gas-insulated switchgear cartel. In a landmark 2014 decision, the EU Court of Justice held there is a general presumption that cartel documents should be confidential – but added specific documents can be made available at DG Comp’s discretion. Bach acts for more than 30 public transport companies preparing damages claims against the German rail manufacturers’ cartel, and helped the Association of German Savings Banks obtain an FCO settlement, after the agency contested uniform fees paid for electronic cash. The firm was also involved in the FCO’s recent prefabricated garages investigation, acting for the country’s second-largest manufacturer. In merger control, Bach and partner Ulrich Klumpp represented German publishing company Verlagsgruppe Georg von Holtzbrinck as it set up a joint venture with Springer Science and Business Media. The deal included filings at the European Commission, the US and several other jurisdictions, including the Comesa Competition Authority.
OPPENLÄNDER is the independent alternative in Germany for all antitrust mat-ters. A boutique-style personal hands-on approach is combined with the strength of a team enjoying highest professional reputation among peers.
OPPENLÄNDER offers the entire range of antitrust advice.
Merger Control: We are regularly involved in complex cases in which transaction work is handled by other firms. OPPENLÄNDER has gained a reputation of relia-ble advice, grasp of complex market details and solutions off the beaten track. We are regularly retained to litigate merger decisions by the FCO. We have par-ticular expertise in industries relating to energy, media, life sciences and automo-tive. OPPENLÄNDER has proven a reliable and straightforward partner for the German aspects of multinational filings.
Actions for Damages: No other German firm has been more actively involved in developing private enforcement in Germany. Or experience includes landmark litigation cases and highly confidential settlements. Clients range from interna-tional blue chip companies to state owned businesses and medium sized enter-prises.
Cartel investigations and compliance: OPPENLÄNDER is an experienced partner for trans-border investigations in cartel cases building on our extensive experi-ence in both national and EU cartel cases. We help to structure compliance pro-grams and to implement them successfully. OPPENLÄNDER has successfully liti-gated cartel cases against the FCO, helped to mitigate fines and advised in set-tlement proceedings.
Vertical restrictions, distribution: The German FCO pursues a strict enforcement concept regarding possible vertical restrictions of competition. Price related re-strictions are regularly fined. OPPENLÄNDER helps to steer distribution concepts through this specific German regulatory environment.
Dominance, regulated industries: OPPENLÄNDER has successfully handled nu-merous cases of purportedly abusive pricing by firms held to be dominant. Regu-lated industries, in particular energy, water and communications, are an area of particular expertise.
OPPENLÄNDER is an independent law firm offering services in competition, cor-porate, IP, life sciences, public and administrative and labor law. OPPENLÄNDER does not participate in any formal alliances.
Prof. Dr. Albrecht Bach
+49 711 60187-150
Dr. Mathias Ulshöfer
+49 711 60187-290
Dr. Andreas Hahn
+49 711 60187-120
Dr. Ulrich Klumpp
+49 711 60187-172