Expertise

MARCK Legal

Experts in German and European antitrust and competition law. Specialists for corporate compliance.

Legal advice at the highest level. Hands-on expertise.

Competition

Competition law can have serious implications for how companies do business.

We provide comprehensive competition law advice.

Antitrust Proceedings

Defense in cartel proceedings. Handling dawn raids, evidence, requests for information, disclosure obligations. Internal investigations and examinations. Preparing for investigations.

Procurement & Sales

Optimization of sales models. Selective distribution, exclusivity, commercial agency and commission models. Franchising, licensing and shop-in-shop. Particular competition law expertise in online sales, marketplaces and other digital platforms and aggregators.

Merger Control | Foreign Direct Investment Control | Foreign Subsidies Control

Full-range antitrust and merger control advice. Merger control proceedings before the German Federal Cartel Office (Bundeskartellamt) and the European Commission. Merger control feasibility, notification requirements, relevant clauses in sales and purchase agreements, information exchange. Intervention in third party transactions. Foreign Direct Investment Control. Foreign Subsidies Control Procedures.

Market Power Abuse

Compliance by dominant companies or companies with market power. Defending dominant or powerful companies before the German Federal Cartel Office (Bundeskartellamt) or the European Commission. Particular competition law expertise in the areas of procurement and sales, with a focus on pricing, rebates, supply and purchasing.

Digital Competition Law

We regularly advise on online sales issues, marketplaces and other digital platforms. We also advise on private enforcement of platform users’ rights against big tech and on rights and obligations of platform operators under Section 19a GWB and the EU Digital Markets Act (DMA).

Competitor Cooperations

Advice on cooperations, especially buying, selling and sustainability cooperations. Advice on design, set-up and contractual implementation. Negotiations with potential partners. Alignment with relevant competition authorities.

Sector Inquiries & Information Requests

Handling competition authorities’ sector inquiries and information requests. Support with data localization, data preparation and submission.

Antitrust Recovery

Implementing and optimizing internal antitrust recovery programs. Support with identifying, securing and monetizing claims in negotiations and before courts.

Compliance

Compliance is a management responsibility that requires rules and values that are put into practice.

We provide hands-on compliance advice.

Compliance Management & CMS

Implementing and optimizing compliance management systems (CMS). Application of certified compliance standards. Full-range compliance support: risk analysis, business partner compliance, guidelines and training solutions.

Whistleblower Protection Act

We advise on the EU Whistleblower Directive and on the German Whistleblower Protection Act.

M&A Compliance

Compliance advice in the context of corporate transactions. Assessment of target companies’ compliance status. Advice in implementing risk-mitigating measures before and after closing. Contractual risk allocation.

Internal Investigations & Audits

We advise companies when a potential compliance incident occurrs. Comprehensive fact-finding & assessment and correct handling of whistleblowers, authorities and other stakeholders. We help implement internal audit programs in the areas of antitrust law and compliance (especially LkSG / supply chain due diligence and AgrarOLkG / unfair trade practices). Quick Queck Compliance Tests to determine compliance status quo.

Self Cleansing Procedures

Companies excluded from procurement procedures due to certain economic offences have the possibility to self-cleanse. We advise on the appropriate self-cleansing measures and on the regulatory process with the Federal Cartel Office (Bundeskartellamt).

Trainings

Modern, practical and interactive courses and trainings both as digital solutions as well as face-to-face events. We advise on and provide multimedia solutions, webinars and gamification concepts.

Regulatory

Apart from merger control proceedings, we advise on other M&A-related regulatory matters such as Foreign Direct Investment Control or Foreign Subsidies Proceedings. We also advise producers, industry and trade companies as well as online platforms on trade regulatory matters.

We are there to support you.

Foreign Direct Investment Control

We regularly advise on FDIC matters and support and represent companies in proceedings before the Federal Ministry for Economic Affairs and Climate Action in Berlin.

Foreign Subsidies Control

The EU has introduced new regulatory obligations for companies to notify M&A transaction involving foreign subsidies. We advise on the applicability of the new regulation and on relevant proceedings in Brussels.

Digital Markets Act

Big Tech has new obligations imposed by the EU Digital Markets Act (DMA). We advise companies on their rights, private enforcement options and claims for damages.

Digital Services Act

We advise on the implementation of the new rights and obligations under the Digital Services Act.

Trade regulatory

We regularly advise on matters involving the EU Geoblocking Directive and the EU Platform-To-Business Directive.

Supply Chain Regulation

We advise companies on legal requirements resulting from the German Act on Corporate Due Diligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz / LkSG). Support on risk analysis and incorporation into existing compliance management systems.

Dr. Reto Batzel und Dr. Georg Schmittmann

News

WirtschaftsWoche recognizes MARCK again for Antitrust Law 2024

The renowed business magazine WirtschaftsWoche recognized MARCK for Antitrust Law. Each year, the magazine performs extensive research and recognizes the most renowed Antitrust firms and lawyers in Germany. MARCK and its partners have been recognized again for the year 2024. We are very happy for the firm and our partners.

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Now in Force: Amendments to ARC

The 11th amendment to the ARC has recently come into force. Our partner Georg Schmittmann has written an article for the ABA in which he summarizes and classifies the main changes.

read more

Career

We offer lawyers (Rechtsanwälten) (m/f/d), stagiaires (Referendaren) (m/f/d) and research assistants (wissenschaftlichen Mitarbeitern) (m/f/d) very interesting client work, an informal, goal-oriented working atmosphere, flexible working conditions and an attractive salary.

You are interested in working in competition, compliance and investigations, enjoy using your legal skills to create legal value for your clients? Then you’ve come to the right place. Do reach out. Here: team@marck.eu