Raue LLP provides comprehensive advice to enterprises in all matters of German and European antitrust law. This includes general competition law and merger control as well as sector-specific regulations regarding the abuse of market power, and discrimination in the energy, media, telecommunications, and transport sectors.

We represent our clients in merger control proceedings and in complaints proceedings brought before the Federal Cartel Office (Bundeskartellamt) and the European Commission, as well as before national and European courts. We have gained particular expertise in the field of cartel damage claims (follow-on actions).

In the field of German and European public procurement law, we advise both enterprises and the public sector, particularly frequently in our focus sectors energy, media, healthcare, real estate, and infrastructure. We advise both bidders and principals at the various stages of public tender proceedings. We also represent our clients in award review procedures before public procurement complaint boards (Vergabekammern) and in court, and assist them in filing complaints with the European Commission for breaches of Union law.

Focus areas

Antitrust law

  • Merger control filings; representation in merger control proceedings before the Federal Cartel Office and the European Commission
  • Cartel damage claims, particularly representation in the field of follow-on actions
  • Complaint proceedings before national and European courts
  • Representation of enterprises in proceedings initiated by governmental authorities and in court disputes in the area of control of market power abuse
  • Structuring of compliant distribution and cooperation agreements
  • Proceedings regarding anti-trust law before courts and arbitral tribunals
  • Antitrust Compliance

Public procurement law

  • Review of the obligation of a potential principal to call for tenders (public-sector clients, sectoral clients, concession clients)
  • Drafting of tendering documents and public notices / review of tendering documents for conformity with the laws governing public procurement
  • Consultancy of principals regarding EU-wide and national calls for tender
  • Consultancy of applicants / bidders in the course of tendering proceedings
  • Evaluation of participation requests and tenders, providing support in the course of negotiations and informational conferences, ensuring that documentation will stand up to legal review
  • Representation of principals and applicants / bidders in award review procedures under public procurement law before public procurement complaint boards as well as before the regional courts (Landgerichte) and higher regional courts (Oberlandesgerichte)
  • Compliance of Public Procurement

References

Antitrust law

  • Representing DB Barnsdale AG as claimant in an action for damages against members of the global air freight cartel (follow-on-action)
  • Representing more than 40 press publishing houses, as rightholders of the collecting society VG Media Gesellschaft zur Verwertung von Urheber- und Leistungsschutzrechten von Medienunternehmen GmbH, in a suit brought against Google Inc. before the Regional Court (Landgericht) of Berlin for the abuse of market power in connection with the ancillary copyrights asserted by the press publishers
  • Representation of the municipal utility Stadtwerke Leipzig GmbH in proceedings before the Federal Cartel Office on the review of district heating prices
  • Representation of GASAG Berliner Gaswerke AG as plaintiff before the Regional Court (Landgericht) of Berlin, the Higher Regional Court of Berlin (Kammergericht), and the Federal Court of Justice (Bundesgerichtshof), as well as in proceedings before the Federal Cartel Office for the abuse of market power by the Land of Berlin in awarding the gas network concession