GCR 100 - 17th Edition

CMS

Professional notice

The Netherlands

CMS practice head Edmon Oude Elferink took over the role from Robert Bosman last year. Both are based in Brussels, but average two days each week in Amsterdam and Utrecht. The firm continues to defend All Nippon Airlines against follow-on damages claims arising out DG Comp’s air cargo decision and also advised Dyckerhoff in a ready-mix concrete cartel investigation by the Dutch competition authority, securing termination of the probe without sanctions after offering commitments. Merger work is steady and the firm represented BMW on its proposed buyout of Parkmobile Group, a provider of electronic and digital parking solutions, which was cleared in Phase I by Germany’s Federal Cartel Office. Elsewhere the firm advised energy company DONG on offshore wind farm tenders and the Port of Rotterdam on state aid issues.

Germany

CMS HASCHE SIGLE has become increasingly visible on the market over the last few years, observers say. The large group includes 12 partners and five counsel spread across offices in Frankfurt, Stuttgart, Munich, Hamburg and Düsseldorf, and a Brussels contingent of German lawyers that includes two partners, one of counsel and one counsel. In January 2016, Roland Wiring became a partner and Christof Soltau and Nantje Johnston became counsel.

In CMS’s highest-profile engagement, Telefónica turned to partners Michael Bauer in Brussels and Jens Neitzel in Munich for merger control advice during its €8.5 billion acquisition of E-Plus. Displaying the firm’s experience across multiple areas, the advice involved representation before the FCO and European Commission, as well as Germany’s telecoms regulator, to secure clearance of the four-to-three deal. The team continues to act for Telefónica during various proceedings. Partner Tim Reher represents Jägermeister and confectionery makers August Storck and Goldeck, in pursuing follow-on damages against members of the German sugar cartel; he also defends Electrolux against such claims for its role in the refrigeration compressors cartel. Harald Kahlenberg acts for LBBW, Helaba and Deutscher Sparkassenverbrand in FCO merger proceedings regarding their participation in Paydirekt, a new online payment system.

Russia

At CMS RUSSIA, partner Maxim Boulba works in Moscow alongside five associates who focus on an equal split of merger control and behavioural work. However, the competition team, like many in Russia, also has a thriving public procurement practice. The team benefits enormously from being part of the CMS global network – both in terms of case referrals and the support and strength that such geographic reach can bring. This year, CMS Russia worked on the Alcatel/Lucent deal, as well as successfully represented aluminum roof seller Kalzip before the St Petersburg unit of the FAS in its complaint against a Russian competitor for breaching the country’s competition laws.

Austria

Bernt Elsner leads the competition team at CMS REICH-ROHRWIG HAINZ and works alongside counsel Dieter Zandler and three associates on a broad range of competition work. Although Elsner is perhaps equally or better known for his public procurement practice, the firm’s competition work has picked up in the past few years. He says his team is organised so as to be able to advise clients on a Europe-wide basis. They act on a suite of cases concerning international merger control, cartels and state aid, and also have an ongoing abuse of dominance investigation. The team advised Axpo International in its acquisition of Wolkswing, and worked with colleagues in Hamburg, Spain, Russia and Lisbon to advise Meda AB in its buy-up of Italian company Rottapharm. They also recently provided antitrust advice to an internet company and an electronic consumer goods company, as well as Swissport, Johnson & Johnson, Atlas Copco and Scholz Group, among others.

Switzerland

CMS SWITZERLAND boasts a strong competition team across offices in Zurich and Geneva with real depth at partner level. Practice leader Patrick Sommer and specialist competition partners Alain Raemy and Pascal Favre are widely respected antitrust practitioners, while the firm’s global corporate head Stefan Brunnschweiler also brings competition expertise.

Sommer and his team work on several important behavioural matters and the firm is one of the few advising two separate banks in COMCO’s finance sector investigations: Rabobank on Libor, Tibor and Euribor; and Julius Bär on Forex and precious metals. Sommer is also leading Bayer Switzerland’s appeal against a COMCO decision that found the pharmaceutical company liable for resale price maintenance, while Stefan Brunnschweiler continues to advise Paul Koch AG on the window and glass door fittings cartel investigation. The Federal Administrative Court overturned sanctions imposed by COMCO, and the case is now on appeal before the Swiss Federal Court of Justice. The firm also represents a company in an investigation into alleged bid-rigging in the construction sector.

Why choose CMS for competition law?

The CMS Competition Group is one of the largest competition teams in Europe and at the same time the most wide-spread in terms of countries covered. The CMS competition practice has more than 150 competition lawyers based in 23 European countries and in China. We offer a one-stop-shop solution to clients for all their competition law needs across Europe and beyond. With a track record of more than 40 years of experience CMS lawyers have been involved in a high number of competition cases, many leading to landmark decisions by the EU courts or a national level.

The CMS Competition Group acts for clients in all areas of competition law: merger control, cartels, abuse of dominance, horizontal and vertical restraints, private enforcement, investigations, and compliance.

Our global approach is reflected by our offering and track record. Next to our local advice we often coordinate work that involves other jurisdictions outside Europe. In this case, we work together with member firms of the World Law Group, an organisation which was co-founded by CMS member firms and combining 52 leading law firms worldwide.

Key statistics:

  • More than 150 competition lawyers
  • 31 offices in 24 jurisdictions in Europe and China
  • Worldwide network of competition experts via the World Law Group
  • In the last three years alone more than 250 merger control filings and more than 250 other competition law proceedings
  • Strong presence in Brussels through the CMS EU Law Office

www.cmslegal.com

Harald Kahlenberg
Head of CMS Competition Group
E [email protected]

Albania

Mirko Daidone
E [email protected]

Austria

Bernt Elsner
E [email protected]
Robert Keisler
E [email protected]
Dieter Zandler
E [email protected]

Belgium

Annabelle Lepiece
E [email protected]

Bosnia and Herzegovina

Nedzida Salihovic-Whalen
E [email protected]

Bulgaria

Gentscho Pavlov
E [email protected]
Dessislava Fessenko
E [email protected]

Croatia

Hrvoje Bardek
E [email protected]

Czech Republic

Barbora Dubanska
E [email protected]
Tomás Matejovský
E [email protected]

EU Law Office in Brussels

Michael Bauer
E [email protected]

Robert Bosman
E [email protected]

Kai Neuhaus
E [email protected]

Edmon Oude Elferink
E [email protected]

France

Nathalie Petrignet
E [email protected]
Denis Redon
E [email protected]

Germany

Duesseldorf
Dietmar Rahlmeyer
E [email protected]

Frankfurt am Main
Heinz-Joachim Freund
E [email protected]
Stefan Lehr
E [email protected]

Hamburg
Heidi Wrage-Molkenthin
E [email protected]
Markus Schöner
E [email protected]
Tim Reher
E [email protected]

Munich
Jens Neitzel
E [email protected]

Stuttgart
Harald Kahlenberg
E [email protected]
Christian Haellmigk
E [email protected]
Rolf Hempel
E [email protected]

Hungary

Dóra Petrányi
E [email protected]

Italy

Paolo Scarduelli
E [email protected]
 

Kosovo

Mirko Daidone
E [email protected]
Marco Lacaita
E [email protected]

Luxembourg

Annabelle Lepièce
E [email protected]

Macedonia

Marija Filipovska
E [email protected]
Raško Radovanović
E [email protected]

Montenegro

Milica Popovic
E [email protected]
Jovana Stevović
E [email protected]

The Netherlands

Robert Bosman
E [email protected]
Edmon Oude Elferink
E [email protected]

Poland

Malgorzata Urbanska
E [email protected]

Portugal

Luis Miguel Romao
E [email protected]
António Payan Martins
E [email protected]

Romania

Horea Popescu
E [email protected]

Russia

Maxim Boulba
E [email protected]

Serbia

Radivoje Petrikic
E [email protected]
Raško Radovanović
E [email protected]

Slovakia

Nada Spustová
E [email protected]

Slovenia

Luka Fabiani
E [email protected]
Uros Bogsa
E [email protected]

Spain

Patricia Linán
E [email protected]
Diego Crespo
E [email protected]

Switzerland

Alain Raemy
E [email protected]
Patrick Sommer
E [email protected]
Stefan Brunnschweiler
E [email protected]

United Kingdom

Sue Hankey
E [email protected]
Caroline Hobson
E [email protected]
Graeme Young
E [email protected]

Ukraine

Olexander Martinenko
[email protected]
Olga Belyakova
E [email protected]
Nataliya Nakonechna
E [email protected]
Maria Orlyk
E [email protected]
Evgenia Prudko
E [email protected]

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