University of Würzburg

Florian Bien

University of Würzburg

Florian Bien holds the Chair for Global Business Law, International Arbitration Law and Private Law at the Julius Maximilians University of Würzburg since 2011. In addition to that, he acts as the Director of the Würzburg Graduate School Law, Economics, and Society since 2018. Before joining the Würzburg Law School, Professor Bien was a Senior Lecturer at the Eberhard Karls University of Tübingen, Germany (2007 - 2011) and at the University Paris 1 Panthéon-Sorbonne, France (2004 -2007), where he hold the position of a Maître de conférences associé. He is a regular guest professor of leading French universities, i. e. Aix-Marseille Université, Paris 1 Paris-Panthéon, Paris 2 Panthéon-Assas, Paris Ouest-Nanterre-La Défense, and Sciences Po Paris (Chair Alfred Grosser). He regularly publishes in the field of German and European Competition Law. Florian Bien holds a Master in European and International Law ("Maîtrise en Droit"), University of Aix-Marseille III, France (1999), First and Second State Examination, Tübingen, Germany (2001 and 2003), Doctorate and Habilitation in law, both University of Tübingen (2006 resp. 2011). He is also a co-editor of the Neue Zeitschrift für Kartellrecht (Beck), a journal focusing on competition law, a co-editor of the Münchener Kommentar zum Europäischen Wettbewerbsrecht, an article-by-article commentary on EU competition law and practice (its first volume was also edited in English language as “Brussels commentary”, Sweet & Maxwell, 2008), and a co-editor of the publication series “Wirtschaftsrecht und Wirtschaftspolitik” founded by Ernst-Joachim Mestmäcker and comprising more than 300 volumes.

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University of Würzburg
University of Paris I Panthéon-Sorbonne
University of Würzburg
University of Würzburg
University of Würzburg


Florian Bien (Université de Wurtzbourg)
Florian Bien 28 March 2019 Paris


17175 Review

Catherine Prieto, Laurence Idot, Martine Behar-Touchais, Florian Bien, David Bosco, Josep M. Carpi Badia, Étienne Chantrel, Marta Giner Asins, Didier Theophile, Simon Vande Walle, Jérôme Vidal Towards a European merger control network


The European Competition Network (ECN), which is well-known as an effective mechanism of cooperation for the application of articles 101 and 102 TFEU, is not extended to merger rules. However, the need for cooperation in this area encouraged the Commission and the national competition (...)

Florian Bien, Sylvaine Poillot-Peruzzetto, Mercedes Pedraz Calvo Limitation period for actions for damages (3rd Private Enforcement Conference: The current state of private enforcement in the EU and France - Paris Court of Appeal, March 28th, 2019)


The transposition of the rules on the limitation period for bringing an action for damages into national law - Comparative remarks Florian Bien Professor, University of Würzburg In its Manfredi and Cogéco judgments on the limitation period for actions for damages for breaches of (...)

Florian Bien Germany: The Bundeskartellamt sends statement of objections to the world’s biggest social network and qualifies its general terms imposed on users as abusive exploitation (Facebook)


Conceptions of ordoliberalism - particularly influential in Germany to some extent up to the present day - emphasize the role of competition as a means of protecting the individual freedom of economic power. In view of the above, competition is one of the essential conditions for freedom of (...)

Cristoforo Osti, Florian Bien, Florian Wagner-von Papp, Frank Kroes, Laurence Idot Private damages actions before and after the implementation of the Directive (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)


The majority of Member States have implemented the European Directive on Private Damages Actions for Breach of Competition Law, into their respective law, albeit with some delay. In particular, England, Germany, and the Netherlands, but also France and Italy have faced a certain number of (...)

Florian Bien Germany : The Higher Regional Court of Düsseldorf by way of a temporary injunction suspends the Ministerial Authorisation for the takeover of a supermarket chain by its large competitor, who promised to preserve 16,000 precarious jobs at the target company (EDEKA, Kaiser‘s Tengelmann)


"Europe has the means to develop [world] champions as long as it does not prevent concentrations of its companies against giants like Google or Facebook. We need to build up large European […]groups. This requires a change of approach on the part of the European Commission on the application (...)

Anne-Sophie Choné-Grimaldi, Ashley E. Bass, Florian Bien, Florian Wagner-von Papp, Luis Loras, Miguel Angel Malo, Paul Hitchings, Peter Camesasca, Rafael P. Amaro, Silvia Pietrini Implementation of EU Directive 2014/104 on actions for damages for infringements of competition law


The directive on actions for damages for infringements of the competition law has been published on 26 november 2014. This On Topic aims to show the principal issues that arise from the expected implementation of the directive on national laws. Presentation ---- Anne-Sophie Choné-Grimaldi (...)

Florian Bien, Jochen Bernhard Germany : The Düsseldorf Court of Appeals declares contra bonos mores and thus null and void the cession of damages claims for antitrust injury to a third party not having the necessary resources at its disposal, and upholds the judgment of the Regional Court of Düsseldorf dismissing the atypical collective action directed against the members of the German cement cartel (Zement II)


CA Düsseldorf, 18 Feb. 2015, Az: VI U (Kart) 3/14 - Zement II (Cartel Damage Claims) This note is an extension of the commentary on the judgment of the Düsseldorf Regional Court of 17 December 2013 in the case between the Belgian company specialising in the recovery of damages from victims (...)

Florian Bien Germany : The Düsseldorf District Labour Court dismisses the action filed by a company aiming to condemn its previous manager to reimburse the fine paid for a competition infringement (ThyssenKrupp)


In European law, sanctions against infringements of antitrust law primarily concern companies. They are the addressees of the rules laid down in competition law. They alone can be ordered to pay the fines imposed by the European Commission. On the other hand, national legislation also focuses (...)

Florian Bien, Rüdiger Morbach Germany: The Appellate Court of Munich declares invalid an arbitration agreement between a professional speed skater and the International Skating Union (ISU), holding that the ISU has abused its market power by requiring the athlete to consent to arbitration at the Court of Arbitration for Sport (CAS) (Pechstein)


A case is pending before the German Federal Court of Justice, the outcome of which may have consequences not only for German arbitration but also for international sports arbitration. The case concerns the revision of the judgment in the Pechstein case, named after the plaintiff and famous (...)

Florian Bien, Markus Welzenbach Germany: The Regional Court of Potsdam declares void a contractual clause in the award conditions of a public procurement procedure granting to a municipality a lump sum compensation of 15 percent of the total order value in case of an established infringement of competition law, whereas the Regional Court of Berlin accepts a similar clause


The implementation of private actions for damages for violations of competition law is a real challenge for victims. The main difficulties relate mainly to proving the occurrence of damage and its extent. It is clear that it is easier for public authorities than for private individuals to (...)

Björn Becker, Florian Bien Germany : The Düsseldorf Court of Appeals declares inadmissible a third party’s application for annulment of a commitment decision by the Bundeskartellamt (RTL, Prosiebensat 1)


The decisions of the competition authority do not only concern the economic situation of the respective addressees. They often affect third parties in their legally protected interests. The clearest example comes from merger control. While the approval of such operations by the competition (...)

Florian Bien, Jochen Bernhard Private enforcement: The regional court of Düsseldorf declares contra bonos mores the cession of damages claims for antitrust injury to a third party not having the necessary resources at its disposal and thus dismisses the atypical collective action directed against the members of the German cement cartel (Cement Cartel)


Regional Court of Düsseldorf, Judgement of 17 December 2013, 37 O 200/09 (Kart.) U. - Zementkartell II (Cement II) Despite a large number of innovations introduced by the 7th and 8th amendments to the Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen - GWB) and (...)

Florian Bien, Per Rummel Germany: The German Federal Court of Justice, by giving a new interpretation to the 10 percent threshold, rules that the provision is in line with the German constitution bringing the Bundeskartellamt to review its guidelines on antitrust fines (Ciment gris, KRB)


Bundesgerichtshof (Federal Court of Justice), 26.02.2013, Grey cement, KRB 20/12 The illegal cement cartels concluded in Germany in the 1990s and the legal debates that followed them constitute an important page in the history of German cartel law. This applies both to the enforcement of (...)

Florian Bien Germany: The Düsseldorf Court of Appeal also refuses to grant access to the files voluntarily submitted by a leniency applicant (V-4 Kart 5 + 6/11 (OWi) ; Kaffeeröster)


After the final judgment of the Bonn District Court in the Pfleiderer case (see Concurrences n° 2-2012pp. 174-176), the question of access to the documents provided to the Bundeskartellamt under the leniency programme seemed to be practically settled. There appeared to be little need for (...)

Florian Bien Germany – Damages: The German Federal Court of Justice rules that indirect purchasers have standing to sue in private antitrust litigation but at the same time allows infringers to invoke the possibility that the overcharge might have been passed on (ORWI)


Bundesgerichtshof, 28 Juni 2011, ORWI, Az. KZR 75/10 With the adoption in 2005 of the 7th amendment to the Law against Restrictions of Competition (Gesetz gegen Wettbewerbs¬beschränkungen), the German legislator introduced important innovations designed to make the legal protection of (...)

Florian Bien Germany – Access to documents: The civil court of Bonn upholds the Bundeskartellamt’s refusal to grant access to the files voluntarily submitted by a leniency applicant (Pfleiderer)


Amtsgericht Bonn, judgment of 18 January 2012, Pfleiderer, aff. 51 Gs 53/09 The Pfleiderer case has created quite a stir. The enforcement of competition rules by public authorities on the one hand and by private parties on the other risks hampering each other. As a general rule, the easier (...)

Florian Bien, Per Rummel Germany: The Bundeskartellamt considers the rebate system of a pharmaceutical company to be equivalent to the exclusive distribution agreement that it has already prohibited (Merck)


Bundeskartellamt, Decision of 19 May 2011, case B 3 - 139/10 - Merck Rebate schemes are a widespread form of price discrimination used by dominant firms to foreclose competitors. The European Commission has already taken a number of decisions in relation to such practices, notably in (...)



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