The range of my services covers in particular the following aspects:
- Execution and defence of antitrust damages claims
- Litigation involving antitrust defences against the enforcement of B2B-agreements and shareholder disputes
- Execution and defence of claims related to market access (compulsory licences, access to essential facilities, duties to supply)
The development of private enforcement involves additional risks for companies exposed to antitrust issues. At the same time, it offers opportunities for market access strategies and allows the recovery of damages suffered from past infringements. Antitrust law may help eliminate existing contractual obligations or force the conclusion of contracts required for market access. In this context, questions frequently need to be answered that go beyond antitrust law and require expertise in other areas of law, such as regulatory law or the rules on unfair competition. I have successfully litigated several private enforcement cases before specialised antitrust jurisdictions in which – in combination with regulatory, State aid and public procurement law arguments – antitrust law problems had to be solved.
Once a cartel infringement has been established, damages claims almost invariably follow on. Together with my clients, I have witnessed that beside schemes for collective redress, individual strategies, implemented with the necessary strength yet a sense of proportion, offer good chances of a reasonable result in the enforcement of cartel damages.