Moritz Lichtenegger

Milbank, Tweed, Hadley & McCloy (Munich)
Lawyer (Associate)

Moritz Lichtenegger is an associate in the Munich office of Milbank, Tweed, Hadley & McCloy and member of the firm’s German and European antitrust practice. He joined Milbank in 2014. Moritz Lichtenegger specializes in both German and European competition law, in particular advising in relation to merger control procedures, cartel and dominance investigations and competition litigation. Moritz Lichtenegger holds a Ph.D. from the University of Zurich (Switzerland) and was a visiting scientist at the Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich. Moritz also worked in the Munich Office of German law firm Gleiss Lutz.

Linked authors

Gleiss Lutz (Munich)
Gleiss Lutz (Munich)

Articles

45544 Bulletin

Moritz Lichtenegger, Petra Linsmeier The German Federal Court of Justice decides on the obligation of car manufacturers to contract with authorised repairers of competitors (MAN-Vertragswerkstatt)

277

On 30 March 2010, the German Federal Court of Justice overruled a judgment of the Higher Regional Court of Munich and restored the judgment of the Regional Court of Munich in first instance. The question at stake was whether MAN had an obligation to contract with authorised repairers of Daimler (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Court of Justice decides on the compatibility of non-competition clauses to the detriment of minority shareholders with Art. 101 Para. 1 TFEU and Sec. 1 ARC (Gratiszeitung Hallo)

413

On 23 June 2009, the German Federal Court of Justice overruled three judgments of the Higher Regional Court of Düsseldorf and remitted the cases back for further proceedings. In the joint proceedings before the Federal Court of Justice, the court had to decide whether a non-competition clause to (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Court of Justice decides on the compatibility of non-competition clauses to the detriment of minority shareholders with Art. 101 Para. 1 TFEU and Sec. 1 ARC (Gratiszeitung Hallo)

1367

On 23 June 2009, the German Federal Court of Justice overruled three judgments of the Higher Regional Court of Düsseldorf and remitted the cases back for further proceedings. In the joint proceedings before the Federal Court of Justice, the court had to decide whether a non-competition clause to (...)

Moritz Lichtenegger, Petra Linsmeier The Higher Regional Court of Frankfurt decides on non-competition clauses to the detriment of minority shareholders (Minderheitsgesellschafter)

757

On 17 March 2009, the German Higher Regional Court of Frankfurt decided on the compatibility with competition law of non-competition clauses to the detriment of minority shareholders. The question at stake was whether a non-competition clause to the detriment of a minority shareholder generally (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Court of Justice on the basis of Art. 102 TFEU decides on a dominant position resulting from the upstream possibility to restrict downstream competition (Reisestellenkarte)

588

On 3 March 2009, the German Federal Court of Justice reversed the judgement of the Higher Regional Court of Düsseldorf and remitted the case back for further proceedings. The question at stake was whether an undertaking could be regarded as dominant according to Art. 102 TFEU if due to its (...)

Ines Orth, Moritz Lichtenegger, Petra Linsmeier The German Federal Cartel Office clears a merger subject to structural remedies in the sugar regulated and oligopolistic market (Nordzucker/Danisco)

1049

On 17 February 2009, the German Federal Cartel Office cleared a merger in the sugar sector subject to conditions and obligations. The case concerned the indirect acquisition of the sugar activities of the Danish company Danisco Sugar A/S by the German sugar refinery Nordzucker AG, an (...)

Moritz Lichtenegger, Petra Linsmeier The German Higher Regional Court of Düsseldorf decides that a company may abuse its dominant position by concluding rental agreements, thereby preventing market access of competitors (Schilderpräger)

1063

On 12 December 2008, the Higher Regional Court of Düsseldorf issued a decision concerning a rental agreement between a district and a manufacturer of car number plates. The case concerned the question whether a company having a local monopoly on the manufacturing market for car number plates (...)

Moritz Lichtenegger, Petra Linsmeier The Higher Regional Court of Düsseldorf widens the scope of application of merger control law according to Sec. 37(1) N° 4 ARC while prohibiting a merger in the copper continuous casting industry sector (A-TEC - Norddeutsche Affinerie)

960

On 12 November 2008, the German Higher Regional Court of Düsseldorf approved a decision of the German Federal Cartel Office (FCO) prohibiting the proposed acquisition of a 13.75% share in a company by a competitor. The case concerned the issue of whether, according to German law, a share (...)

Moritz Lichtenegger, Petra Linsmeier A German court holds that reciprocal representation agreements concluded between national collecting societies are not void for breach of Art. 81 EC (GEMA / BUMA, STEMRA)

987

On 7 November 2008, the Regional Court of Mannheim issued a decision on the validity of territorial limitations contained in reciprocal representation agreements concluded between national collecting societies. The case concerned the question whether a national collecting society was entitled (...)

Moritz Lichtenegger, Petra Linsmeier The Higher Regional Court of Düsseldorf holds that exclusive purchase obligations contained in franchise agreements are not necessarily prohibited as unfair hindrances, even though they cover the whole assortment of goods (Baumarkt)

1786

On 16 January 2008 the Higher Regional Court of Düsseldorf issued a decision on questions concerning the German prohibition of unfair hindrance, Sec. 20(1) of the German Act against Restraints on Competition (ARC). The questions arose in administrative proceedings by the German Federal Cartel (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Cartel Office imposes a fine on associations of pharmacists and pharmaceutical manufacturers for organising and accomplishing a lecture series intended to convince pharmacists to refrain from price competition (Arzneimittelhersteller)

2313

On 21 December 2007, the German Federal Cartel Office (FCO) imposed a fine on nine state associations of pharmacists, five pharmaceutical companies and the Federal Association of Pharmaceutical Manufacturers for organising and accomplishing a lecture series intended to convince pharmacists to (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Cartel Office clears a merger setting up a joint electronic platform for trade in secondary gas transport capacities, making further efforts to establish competitive structures in the energy sector (Trac-x)

2639

On 12 October 2007, the German Federal Cartel Office cleared a merger in the energy sector. The German companies Thyssengas GmbH (Thyssengas), E.ON Gastransport AG & Co. KG (EGT) and EWE AG (EWE) planned to acquire shares in trac-x Transport Capacity Exchange GmbH (Trac-x), the provider of (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Cartel Office declares binding the commitments of RWE to cease the abuse proceedings for factoring CO2 certificates into its electricity tariffs (RWE)

2129

On 26 September 2007, the German Federal Cartel Office (FCO) ceased abuse proceedings launched against RWE AG (RWE) in 2005 after it had declared RWE’s commitments to auction off electricity to be binding. The proceedings centred on the question whether RWE had abused its alleged dominant market (...)

Moritz Lichtenegger, Petra Linsmeier The Higher Regional Court of Düsseldorf specifies the criteria for concluding non-competition clauses to the detriment of minority shareholders (AnzeigenblattGU)

1856

In three cases dated 15 August 2007 and 26 June 2008 the German Higher Regional Court of Düsseldorf decided on the compatibility with competition law of non-competition clauses to the detriment of minority shareholders. In two of the cases, appeals against denial of leave to appeal are pending (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Court of Justice decides on the effects of legal changes brought by EC Reg. 1400/2002 on automobile distribution networks (Kfz-Vertragshändler III)

1129

Facts The plaintiff was a former authorised distributor of the defendant automobile manufacturer Bayerische Motorenwerke AG (BMW). In 1996, the plaintiff entered into a contract with BMW for the distribution of motor vehicles manufactured by BMW. This contract was based on a standard clause (...)

Moritz Lichtenegger, Petra Linsmeier The German Higher Regional Court of Frankfurt decides on the relationship between copyright, trademark and title protection law on the one hand and competition law on the other hand (Harry Potter)

1020

On 11 April 2007, the German Higher Regional Court of Frankfurt issued a decision on the relationship between copyright, trademark and title protection law on the one hand and competition law on the other hand. The question at stake was whether restrictive clauses concerning the distribution of (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Cartel Office prohibits a US-US merger in the laser area cleared by the US Department of Justice, showing its reluctance to apply a more effects-based short-term approach instead of a rather long-term structural approach (Coherent / Excel)

1420

On 25 October 2006, the German Federal Cartel Office prohibited the proposed merger between the two American companies Coherent, Inc. (Coherent) and Excel Technology, Inc. (Excel), each a market leader in the laser area . Facts Coherent is an American company, listed on the US stock exchange, (...)

Moritz Lichtenegger, Petra Linsmeier The Higher Regional Court of Düsseldorf holds that the term “free servicing” in Art. 4.1.k of EC Reg. 1400/2002 includes extended services provided that the supplier does not charge the buyer an additional fee (5-Sterne-Premium-Paket)

3005

On 20 September 2006, the German Higher Regional Court of Düsseldorf issued a decision on the interpretation of Regulation n° 1400/2002 concerning the contractual obligation of authorised repairers exclusively to use original spare parts instead of spare parts of matching quality. Facts The (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Cartel Office gives guidance on the interpretation and application of the “failing company defence” while clearing a merger in the TV advertising sector (RTL / n-tv)

1113

On 11 April 2006, the German Federal Cartel Office (FCO) unconditionally cleared the acquisition of shares in n-tv Nachrichtenfernsehen GmbH & Co. KG by RTL Television. The case concerned the question whether a merger strengthening the collective dominant position of RTL and ProSiebenSat.1 (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Cartel Office clears a merger in the hospital sector subject to remedies, therefore continuing its proactive role in reshaping the German hospital sector (AKK)

2466

On 8 March 2006, the German Federal Cartel Office cleared a merger in the hospital sector subject to conditions and obligations . The case concerned the acquisition of the Altona Children’s Hospital (AKK), Hamburg-Altona, by the Altona Children’s Hospital non-profit LLC (AKK gGmbH), a special (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Cartel Office prohibits a merger in the residential furnishings sector while giving guidance on the question of representativeness of market surveys and restricting the scope of application of the de minimis exemption (AGRO)

1439

On 29 September 2004 the German Federal Cartel Office prohibited the proposed merger between the American company Leggett & Platt, Inc. (L&P), a manufacturer and distributor of inter aliaresidential furnishings, and AGRO Federkernproduktions GmbH (AGRO), a German manufacturer of (...)

Moritz Lichtenegger, Petra Linsmeier The German Higher Regional Court of Düsseldorf holds that for foreign arbitration awards to be recognised and enforced in Germany they have to comply with fundamental provisions of German and European competition law (Regenerative Wärmetauscher)

1548

On 21 July 2004, the German Higher Regional Court of Düsseldorf issued a decision on the recognition and enforcement of foreign arbitration awards as regards competition law matters . Facts Until the end of 1989 the defendant was a producer and distributor of regenerative heat exchangers for (...)

Moritz Lichtenegger, Petra Linsmeier The German Federal Court of Justice decides on the validity of several standard clauses contained in motor vehicle distribution agreements (CITROËN)

989

On 13 July 2004, the German Federal Court of Justice issued a judgement on the validity of several standard clauses contained in motor vehicle distribution agreements concluded between the French automobile manufacturer CITROËN and its licensed dealers in Germany. The case concerned the (...)

Moritz Lichtenegger, Petra Linsmeier The German Higher Regional Court of Düsseldorf holds that hardcore restrictions are not per se appreciable if the relevant market share is below 1% (Tschechisches Bier)

2931

On 23 June 2004, the German Higher Regional Court of Düsseldorf issued a decision on the compatibility with EC law of a contract concerning an exclusive right to import Czech beer into Germany . Facts The plaintiff used to be the sole importer and authorised dealer in Germany for Budweiser (...)

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