Daniela Seeliger

Linklaters (Dusseldorf)
Lawyer (Partner)

Daniela is a partner in the Linklaters Competition/Antitrust practice group. She specialises in EC and German merger control, cartel and compliance work as well as general competition law and represents clients before the European and national courts, the European Commission and the Federal Cartel Office. She has significant experience in handling complex merger control cases, including coordination of multijurisdictional filings. She advises on all competition law aspects of transactions including divestment strategies and integration planning. She has a special focus on regulated industries, in particular the energy and the telecommunication sectors. Her most recent complex merger control cases before the European Commission include Vattenfall’s acquisition of Nuon, and representing Saint-Gobain in a complex merger filing, cleared with Phase I remedies. She regularly advises US clients including ITT Corporation, SPX and UTC. She heads the German antitrust team in Düsseldorf, which has been named German Antitrust Firm of the Year in JUVE’s 2009 edition.

Linked authors

Linklaters (Brussels)
Linklaters (Dusseldorf)
Cleary Gottlieb Steen & Hamilton (Brussels)

Articles

17422 Bulletin

Daniela Seeliger The German Federal Cartel Office imposes a fine on the producer of hearing devices for having threatened or inflicted disadvantages on another company in order to induce a certain retail price level for the resale of hearing devices (Phonak)

1563

Description of the impugned case The case deals with an indirect RPM clause. The producer of hearing devices provided lists with recommended prices containing minimum and maximum sale prices for hearing devices. One of the dealers offered the products significantly below the recommended prices (...)

Daniela Seeliger The German Federal Cartel Office imposes a fine on the market leader in the wholesale supply of contact lenses for having inter alia employed an internal price maintenance program, including the systematic monitoring of retail prices for contact lenses and the exertion of pressure, the granting of advantages as well as agreements and concerted practices with Internet dealers (CIBA Vision)

806

Description of the impugned case The FCO found various measures under CIBA’s price maintenance program, that in the view of the FCO amounted to a fixing of minimum resale prices. In particular, the FCO considered an infringement of Article 81 EC (now Art. 101 TFEU) and the corresponding German (...)

Daniela Seeliger The German Federal Cartel Office imposes a fine of € 9 M to the leading software company for having influenced in an anticompetitive way the resale price of a software package (Microsoft Deutschland)

746

Description of the impugned case The case deals with indirect resale price maintenance, i.e. the recommendation of prices combined with further measures in order to coordinate the dealers’ pricing. Type of competition analysis n/a Discussion of potential redeeming efficiencies for RPM ? n/a (...)

Daniela Seeliger The German Federal Competition Office imposes a fine on a pharmaceuticals distributor for having influenced in an anticompetitive way the resale prices for non-prescription pharmaceuticals (Bayer Vital)

1459

Description of the impugned case The case deals with an indirect RPM clause: Bayer Vital concluded target agreements with several pharmacies according to which Bayer promised an additional rebate to the pharmacies for the positioning of the Bayer products as premium products and the maintenance (...)

Daniela Seeliger The German Federal Cartel Office imposes a fine on the producer of small electrical equipment and products for having exerted pressure on dealers in order to induce them to abide by the recommended retail prices and for having encouraged intermediaries to refuse to supply dealers who did not maintain the recommended price levels (Groupe SEB)

886

Description of the impugned case The case deals with an indirect RPM clause. Groupe SEB Deutschland GmbH and Krups GmbH, two producers of small electrical equipment, exerted pressure on dealers who undercut the recommended retail sale prices i.e by refusing to pay rebates and to supply those (...)

Daniela Seeliger The German Federal Cartel Office imposes fines on two manufacturers for infringing the prohibition to influence retail sale prices in an anticompetitive way (Swissphone Telecommunications / Ansmann Energy)

1337

Description of the impugned case One case deals with in indirect RPM clause: the producer of telecommunication equipment provided his dealers with rebates under the condition that they would maintain the recommended sale prices (Swissphone). In the other case, the producer of batteries and (...)

Daniela Seeliger The German Federal Cartel Office imposes a fine on the producer of electrical products for having concluded anticompetitive agreements on the pricing of certain products, for having threatened third parties with disadvantages in order to induce them to behave in an anticompetitive manner and for having illegally recommended certain retail prices (Akkutechnische Erzeugnisse)

650

Description of the impugned case The case deals with both, a straightforward RPM system and indirect RPM clauses. On the one hand, the producer directly agreed on a certain pricing structure with ebay dealers, thereby infringing the (at that time applicable) German law prohibition on the fixing (...)

Daniela Seeliger The German Federal Court of Justice holds that a franchisor’s advertisement containing sale prices can constitute a prohibited retail price maintenance if the franchisor does not explicitly limit the indication of price to his own branches or clearly indicates that they are not binding for the franchisees (Apollo)

593

Description of the impugned case The case deals with indirect RPM in the framework of a franchising system. The BGH holds that if a franchisor who distributes his products both, via a franchise system and via his own branches, advertises with fixed sale prices without however limiting such (...)

Daniela Seeliger The German Federal Court of Justice holds that restrictions of retailers’ pricing freedom that are limited to a short period of time and that are not appreciable do not constitute an unlawful RPM (1 Riegel extra)

1651

Description of the impugned case The case deals with a competitor’s claim against the sales-promotional action of a distributor of chocolate bars in the framework of which this distributor brought on the market packages with the imprint « Action box.... only for a short period of time: 1 extra (...)

Daniela Seeliger The German Federal Court of Justice holds that a municipality that subsidises certain trips with taxis or rental cars with an allowance does not infringe the vertical price fixing prohibition by entering into a framework contract with the service provider according to which the provider agrees to transport guests at a certain rate (Jugendnachtfahrten)

1243

Description of the impugned case The BGH holds that the obligation of the service provider to forward orders at fixed conditions does not constitute an infringement of the prohibition to fix prices for agreements with a third party as in the taxi drivers are under no obligation to provide (...)

Daniela Seeliger The German Federal Cartel Office imposes a fine on a specialist retailer for not having clearly distinguished his own branches from the franchisees with regard to pricing and advertisement policies, thus restricting the franchisee’s freedom to determine their own retail prices

801

Description of the impugned case The FCO decided that the specialist retailer violated the (at that time applicable) special prohibition to recommend retail prices in particular by providing the franchisees with price recommendations without however indicating that those prices were not (...)

Daniela Seeliger The German Federal Court of Justice holds that an agreement between a company that owns and lets housing units and a cable network operator according to which the increase of fees for the supply with cable TV to be paid by the tenants is dependent on the housing company’s approval is null and void due to an infringement of the prohibition to fix prices for contracts with third parties (Kabel-Hausverteilanlagen)

1151

Description of the impugned case The case deals with an indirect vertical price fixing clause between a housing company and a cable network operator which restricts the cable network operator in determining the fees charged from the housing company’s tenants in that in particular the (...)

Daniela Seeliger The German Federal Court of Justice holds that a health insurer does not violate the vertical price fixing prohibition by agreeing with care providers on fixed prices for the services that the care providers render to insured patients (Zahnersatz aus Manila)

1730

Description of the impugned case The Court states that the health insurer’s fixing prices for certain dental services provided to insured patients does not constitute an unlawful vertical price fixing agreement due to the fact that the insurer finally has to pay for the dental services. As (...)

Daniela Seeliger The German Federal Court of Justice holds that the prohibition to fix prices regarding contracts with third parties is applicable to the relationship between franchisor and franchisee at least in the event that the franchisee himself bears the economic risk of his franchising business (Preisbindung durch Franchisenehmer)

741

Description of the impugned case The case deals with indirect RPM in the framework of a franchising system in which the franchisor who operates several own branches, advertises for certain prices without however limiting the indications of prices to his own branches or pointing out their (...)

Daniela Seeliger The German Federal Court of Justice holds that the prohibition to fix prices for contracts with third parties also prohibits agreements under which the contractual partner is legally free in the framing of contracts with third parties, but where contractual obligations connect the use of such freedom with certain economic disadvantages

636

Description of the impugned case The Court clarifies that only actual reactions of a producer’s advertisement on the pricing of resellers do as such not amount to an infringement of the vertical price fixing prohibition. This decision is based on a German law provision (Section 15 GWB) repealed (...)

Daniela Seeliger The German Federal Court of Justice holds that the CD-ROM version of a professional journal can legally be made subject of a vertical price fixing agreement (NJW auf CD-ROM)

693

Description of the impugned case The BGH holds that the (at that time applicable) legal exemption of published products from the vertical price fixing prohibition is open for technical developments and includes new products, if and insofar as they are substitutable by traditional press or (...)

Daniela Seeliger The German Federal Court of Justice holds that the formerly applicable vertical price fixing prohibition generally applies when the granting of rebates is subject to the maintenance of certain prices that a producer has recommended to the dealers (Nora-Kunden-Rückvergütung)

676

Description of the impugned case The BGH holds that in the event that a producer of automobile spare parts offers his dealers rebates under the condition that the dealers do not exceed the prices recommended by the producer in their contracts with certain customers, such price recommendation (...)

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