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.
1621
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 (...)
844
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 (...)
762
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 (...)
67
On Friday the German legislator approved the " Dritte Mittelstands-Entlastungsgesetz ("MEG III"), which introduces a second domestic turnover threshold of € 5 million. This is expected to reduce significantly the number of transactions that require prior approval by the Federal Cartel Office. (...)
1487
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 (...)
910
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 (...)
1367
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 (...)
672
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 (...)
605
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 (...)
1667
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 (...)
1256
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 (...)
821
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 (...)
1182
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 (...)
1754
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 (...)
764
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 (...)
658
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 (...)
710
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 (...)
700
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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