Frank Röhling

Freshfields Bruckhaus Deringer (Berlin)
Lawyer (Senior Associate)

Frank Röhling has been a principal associate of Freshfields Bruckhaus Deringer since May 2006 and works in the Berlin office. He is a member of our antitrust, competition and trade (ACT) practice group and specialises in European, German and French cartel law. He has particular experience in the following sectors: food and beverages, consumer products, pharmaceuticals, medical devices, diagnostics, chemicals, automotive, construction and real estate. Frank was born in Münster, Germany, in 1971. He obtained his legal education at the universities of Saarbrücken, Germany; Westminster, UK; and Montpellier, France. He earned a Doctor of Laws degree (Dr iur) for his thesis on European merger control law. His national and international antitrust law experience includes working as a stagiaire at Barennes & Associés law firm in Paris (1998), at the German Federal Cartel Office in Bonn (1999), and at the European Commission’s Directorate General in Brussels (2000); he also spent six months in the legal department at Nestlé’s headquarter in Switzerland (2004). Frank frequently publishes articles on cartel law in German, French and English. Frank joined the firm in 2002 and speaks German, English and French.

Linked authors

Freshfields Bruckhaus Deringer (Berlin)
Freshfields Bruckhaus Deringer (Berlin)
Freshfields Bruckhaus Deringer (Berlin)
Hogan Lovells (Munich)

Articles

106106 Bulletin

Christian Ritz, Dr. Frank Röhling The Federal Court of Justice of Germany clarifies that ‘legal impossibility’ can be used as a justification for denying a potential competitor access to essential facilities and provides guidance on the respective burden of proof (Ferry Port Puttgarden II)

69

I. The Facts Scandlines Deutschland GmbH (Scandlines) is the owner of the Puttgarden/Fehmarn ferry port in Germany and the sole provider of ferry services between Puttgarden and Rødby/Lolland in Denmark. Two Norwegian shipping companies sought access to the ferry port in Puttgarden in order to (...)

Christian Ritz, Dr. Frank Röhling The Higher Regional Court of Düsseldorf modifies calculation of fines for cartels and significantly lowers fines imposed by the German Federal Cartel Office (Silostellgebühren I)

85

I. The Facts In two proceedings in 2009 and 2010 the German Federal Cartel Office (FCO) imposed total fines of about € 53,1 million (€ 39,69 million in 2009, and € 13,36 million in 2010) on several undertakings and individuals operating in the dry mortar sector. The judgement at hand concerns the (...)

Bertrand Guerin, Dr. Frank Röhling The German Federal Cartel Office backs further consolidation in the dairy sector by inter alia authorizing the creation of a marketing joint venture between two dairy companies (Humana / Nordmilch / JV)

2408

On 9 June 2009, the Federal Cartel Office (FCO) cleared the creation of a marketing joint venture between two dairy companies, Humana Milchindustrie GmbH (Humana) and Nordmilch AG (Nordmilch), that will pool sales of their respective dairy products. 1. Confirmation of settled market definition (...)

Bertrand Guerin, Dr. Frank Röhling The German Federal Cartel Office publishes an interim report on its fuel sector inquiry and takes a tough stance on three petrol station mergers

2535

On 2 July 2009, the Federal Cartel Office (FCO) published an interim report on the inquiry it launched in May 2008 on the fuel sector in Germany. The report, published 6 months after the initially planned date, presents the first results of a very thorough market investigation which had already (...)

Bertrand Guerin, Dr. Frank Röhling The German Federal Court of Justice confirms the prohibition of an energy merger considering that the German market for primary sales of electricity is dominated by a duopoly (E.ON / Stadtwerke Eschwege)

5218

In a judgment of 11 November 2008, the German Federal Court of Justice (Bundesgerichtshof) (Federal Court) upheld a previous decision of the Higher Regional Court of Düsseldorf (Higher Regional Court) which had itself confirmed a decision of the Federal Cartel Office (FCO) blocking E.ON’s plan to (...)

Bertrand Guerin, Dr. Frank Röhling The German Federal Court confirms that a change of control must occur on a lasting basis in order to be qualified as a “concentration” but leaves open the question which actions can constitute “gun-jumping” infringements (G+J/RBA)

3151

With its judgment of 11 November 2008, the German Federal Court of Justice (Bundesgerichtshof) (Federal Court) has opened a new chapter in the never ending judicial saga relating to the German edition of the scientific magazine National Geographic, which has already found itself at the centre (...)

Bertrand Guerin, Dr. Frank Röhling German merger control regime: An overview

4004

In over 35 years of its existence, the German merger control regime has gained a strong reputation all over the world due to its influential role in post-war Europe, high rate of enforcement and the important place held by the competition authority in charge of its enforcement, the (...)

Bertrand Guerin, Dr. Frank Röhling The German Federal Cartel Office prohibits the acquisition of a minority shareholding of 13.75% and orders the divestiture after merger completion (A-TEC Industries - Norddeutsche Affinerie)

4711

On 27 February 2008 the German Federal Cartel Office (FCO) prohibited the acquisition by A-TEC Industries AG (A-TEC), a Vienna-based international industrial group, of 13.75 % of the shares in Norddeutsche Affinerie AG (NA), a publicly listed German manufacturer and recycler of copper. Since (...)

Bertrand Guerin, Dr. Frank Röhling The German Federal Cartel Office prohibits further merger of a dominant player in the electricity and gas sector in spite of proposed remedies (RWE/SaarFerngas)

8106

A recent blocking decision against a merger between RWE and SaarFerngas, a Court decision upholding a blocking decision against E.ON (See Dr. Frank Röhling, Bertrand Guerin, The Düsseldorf Higher Regional Court upholds a Bundeskartellamt decision blocking an energy merger (E.ON/ Stadtwerke (...)

Dr. Frank Röhling The German Federal Cartel Office regards the inclusion of more than 25% of the market prices of CO2 emission certificates within the electricity prices as an abuse of dominant position pursuant to Art. 82 EC (CO2 National Allocation Plans)

5864

Background information on CO2 emission allowances The EU system for CO2 emission allowance trading has been in operation since 2005. Since then, companies active in CO2 emitting industries are obliged to use emission certificates for their production. These certificates are allocated free of (...)

Dr. Frank Röhling The German NCA issues a statement of objections against regional lottery operators prohibiting market allocation and restrictions imposed on commercial brokers on the basis of both German and EC competition provisions (Lotto)

2747

On 30 May 2006, the German Federal Cartel Office (“FCO”) issued a statement of objections against regional lottery operators and their German association due to the alleged infringement of European and German competition law. These regional lottery operators are wholly owned and controlled by the (...)

Dr. Frank Röhling, Helmut Bergmann The German Federal Cartel Office finds a supplier guilty of abusing its dominant position under Art. 82 EC by preventing customers from freely refilling from competing suppliers (Soda Club)

2891

German Federal Cartel Office finds Soda Club guilty of Article 82 Abuse In a decision of 9 February 2006, the German Federal Cartel Office (“FCO”) found that Soda Club (“SC”), a producer of water carbonating systems, had violated Article 82 EC and section 19 of the Act against Restraints of (...)

Dr. Frank Röhling, Helmut Bergmann The German Federal Cartel Office issued a statement of objections against Germany’s major gas company with the aim of prohibiting certain long term supply agreements with regional and local gas distributors that violate European and German competition law (E.ON Ruhrgas)

6184

In its ongoing efforts to open the German wholesale market to new gas suppliers, the German Federal Cartel Office (“FCO”) issued a statement of objections against E.ON Ruhrgas (“E.ON”), Germany’s largest gas supplier, in December 2005. According to this statement of objections and the preliminary (...)

Dr. Frank Röhling, Helmut Bergmann The German Parliament passes an amendment modernizing national competition law and giving way to damages actions (Gesetz gegen Wettbewerbsbeschränkungen in der Fassung des Beschlusses des Deutschen Bundestages)

4589

On 1 July 2005, major changes to German competition law entered into force. The seventh amendment of the German Act against Restraints of Competition (“ARC”) aims to bring Germany into line with the modernised EU competition law rules. Damages actions The amended section 33 ARC deals with (...)

Dr. Frank Röhling, Helmut Bergmann The German Federal Cartel Office imposes further liberalisation of the postal market by prohibiting the incumbent to grant rebates for mail preparation services (Deutsche Post)

4204

On 11 February 2005, the German Federal Cartel Office (“FCO”) prohibited Deutsche Post AG’s (“DPAG”) practice of granting rebates for mail preparation services for letters below 100gr exclusively to its large direct customers. Mail preparation includes the collection of letters, sorting them by (...)

11280 Review

Bertrand Guerin, Dr. Frank Röhling Germany: Recent developments in merger control

4446

The purpose of this article is to highlight the main rules of German merger control in light of the recent decisional practice of the Federal Cartel Office and the case-law of the German courts. Firstly, we will show that German merger control law is applied very widely in practice (for example (...)

Bertrand Guerin, Dr. Frank Röhling Germany : Reform of the Competition Act

5027

The German parliament has voted in favour of a reform to the Act against Restraints of Competition which is inter alia aimed at improving the fight against pricing abuses by companies in the energy and food trade sectors. As regards the energy sector, the reform introduces a new section 29 of (...)

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