The range of my services covers in particular the following aspects:
- Strategic advice on market strategies for dominant companies or companies with high market shares
- Co-operations between companies
- Advice on distribution schemes and their implementation
The margin of entrepreneurial discretion in defining and implementing market strategies is dependent on the level of market power and the regulatory environment.
Dominant companies have a special responsibility as to the anticompetitive effects of their market strategies, which restricts their entrepreneurial freedom to use their market power. This includes the impact of their strategies on competitors (exclusionary conduct) and to rely on their market power vis-à-vis customers (exploitative conduct). Under certain conditions, competitors may even claim market access, such as by licensing of standard-essential patents or access to essential facilities.
But even companies without significant market power may only exceptionally coordinate or agree on market conduct which restricts the freedom of individual market strategies of a company involved or concerned. Whenever companies establish a complex or long-term business relationship, the effects on competition, the availability of exemptions and possible remedies must be determined beforehand. Otherwise, it may emerge that the contractual framework of the business relationship turns out to be legally void, and, accordingly, that it does not even achieve what would have been possible under antitrust law. This affects, for example, cooperation agreements in research & development, the licensing of intellectual property rights and the design of distribution schemes, even if the parties are not competitors.
