Expertise

MARCK Legal

Experts in German and European 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 strategies in cartel proceedings. Handling dawn raids, evidence, requests for information, disclosure obligations. Internal investigations and leniency strategy. 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.

Transactions

Full-range antitrust and merger control advice. Merger control proceedings before the German 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. Investment screening procedures (FTPA/FTPO).

Market Power Abuse

Compliance by dominant or powerful companies. 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.

Cooperations

Advice on cooperations, especially buying 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 manager responsibility that requires rules and values that are put into practice.

We provide hands-on compliance advice.

Compliance Management

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.

Operative Compliance

Advice in case of potential compliance incidents. Investigation support and incident assessment. Managing communication with whistleblowers, authorities and other stakeholders. Support as ombudsperson for companies, associations and institutions.

Investment screening procedures

Advice on required investment screening procedures in transactions and submitting required clearance applications under the FTPA/FTPO to the German Federal Ministry for Economic Affairs and Energy (BMWi).

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.

Retail and Wholesale Regulatory

EU retail and wholesale regulatory: Unfair trade practices (UTP) in the food supply chain. Platform to Business (P2B) Regulation. Geoblocking Regulation. Compliance management of associated regulatory risks.

Whistleblowing

Advice on the EU whistleblowing directive. Acting as ombudsman. Offering our own MARCK-whistleblowing system to clients.

Investigations

Internal investigations to uncover and assess risks – in times of crises and as precaution.

We are there to support you.

Internal Investigations

Effective compliance audits. Support in comprehensive fact-finding. Assessment and proper management of audit findings and results. Advice on legal aftercare and follow-up measures.

Corporate Liability Law

Advice on German corporate liability law (e.g. Verbandssanktionenrecht) – Rights, obligations and liability risks for companies and company management. Advice on managing compliance obligations.

Audit Programs

Advice on design and implementation of effective corporate audit programs in the areas of competition and compliance.

Dr. Reto Batzel und Dr. Georg Schmittmann

News

Time to Brush up Your Dawn Raid Guideline?

The 10th amendment of the German Act against Restraints of Competition (ARC) is expected to enter into force early 2021. One major change concerns the FCO’s powers during dawn raids, making them more comparable to EU law. So – time to brush up your dawn raid guideline?

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