Daniel von Brevern focuses his practice on competition / antitrust law, with particular emphasis on merger control, cartel proceedings and European state aid. Daniel has represented a number of clients before both the German Federal Cartel Office and the European Commission. He has a wealth of experience across a number of industries, including financial services, energy, pharmaceutical/health care and automotive. Daniel frequently publishes in leading legal journals and speaks at conferences. He teaches merger control at Frankfurt School of Finance & Management.
452
European Court of Justice clarifies application of European Union merger control rules to joint ventures* On 7 September 2017, the European Court of Justice issued a decision (Decision) on the interpretation of the European Union Merger Regulation (EUMR). The Decision clarifies the conditions (...)
89
GERMAN ANTITRUST AUTHORITY ISSUES GUIDELINES ON RESALE PRICE MAINTENANCE* On 12 July 2017, the German Federal Cartel Office (FCO) published a guidance paper (Guidance Paper) on the prohibition of resale price maintenance (RPM). The Guidance Paper has a particular focus on the food retail (...)
3048
Background In Germany, the owner of a new or used automobile is obliged to register the vehicle with the registration office (“Zulassungsstelle”), which is part of the local public administration. Once a vehicle is registered, the owner is entitled to attach license plates to the vehicle. Since (...)
3718
Background Premiere AG (“Premiere”) is the leading German Pay-TV operator. One of the main features of Premiere’s program are live broadcastings of football events. Over the last years, this included in particular broadcastings of the German Bundesliga (football league). However, in September (...)
4465
Background From 1997 to 2000, BVT Industrie-Beteiligungsgesellschaft Magdeburg mbH(“BVT”), a company ultimately controlled by the German government, granted several loans to SKL Motoren und Systembautechnik GmbH (“SKL”), a company that developed and manufactured engines for ships and the energy (...)
4578
Background The low-cost carrier Ryanair and alleged State aid granted to Ryanair continue to keep the European Commission and Member State courts[[ Administrative Court of Strasbourg (Tribunal administratif de Strasbourg), 24 July 2003, Case n° 02-04641; Administrative Court of Appeal of Nancy (...)
5530
Background German merger control law provides that transactions where the participating undertakings meet certain thresholds must be notified to the Federal Cartel Office (“FCO”). However, the law also provides for a de-minimis provision according to which a notification is not required if the (...)
3813
Background The employees of the plaintiff, a large publishing house in Hamburg, frequently fly with a company owned jet to Cologne/Bonn airport, which is operated by the defendant. The defendant’s tariffs for commercial airlines as well as non-commercial airlines starting and landing are (...)
6009
Background The low-cost carrier Ryanair does not only offer cheap flights, but also keeps the European Commission and Member State courts[[ Administrative Court of Strasbourg (Tribunal Adminis-tratif de Strasbourg), 24 July 2003, Société Brit Air vs. Chambre de Commerce et d’Industrie de (...)
4004
Background On 1 July 2005, major amendments to the German competition law (“GWB”) entered into force. Several of these amendments were the result of the German legislator’s intention to strengthen the private enforcement of competition law. One of the new provisions is Section 33(4) GWB. The (...)
4446
Background On 15 March 2006 the Bundeskartellamt (Federal Cartel Office, “FCO”) published a new notice on the immunity from and reduction of fines in cartel cases (“Leniency Programme”), which replaces the previous notice from 2000 (“Leniency Notice 2000”). The possibility to grant immunity or (...)
3993
Background The plaintiff operates a local radio station in Hamburg. The defendant, the Ligaverband, holds the marketing rights for all football matches of the Bundesliga, the German football league. Until 2001, the plaintiff broadcasted during its regular programmes short live reports from (...)
4974
Background The Member States of the European Union are required to recover unlawful (i.e. non notified) State aid following a negative decision by the European Commission (“Commission”), declaring an aid incompatible with the common market. Under German law, the Verwaltungsakt (administrative (...)
2869
Background Under EC Council Regulation n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEU L 1, 4 january 2003, p. 1-25), the Member States are not precluded from adopting and applying on their territory national (...)
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