Noerr (Brussels)

Jens Peter Schmidt

Noerr (Brussels)

Dr. Jens Peter Schmidt is partner at Noerr’s Brussels offices and is head of the Antitrust and Competition practice. A focus of his counselling concerns merger control risk analyses and complex merger control notifications; he has gained considerable experience in responsibly handling second phase (in-depth) investigations before the European Commission and the German Federal Cartel Office (Bundeskartellamt). Jens Peter also represents clients in cartel case investigations, structures compliance programmes, and provides assessments of vertical and horizontal arrangements, including information exchanges. He advises on state aid issues, in particular in the context of the financial crisis. Jens Peter features in the rankings of competition law professionals in the leading bar publications such as Chambers, The Legal 500, IFLR and JUVE.


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Noerr (Berlin)
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Noerr (Berlin)


896 Bulletin

Jens Peter Schmidt The German Federal Court of Justice rules that the German 10% limit for calculating fines is not a cap but rather constitutes a ceiling of a framework within which a fine has to be calculated (Grauzementkartell)


In its judgment of 26 February 2013, the German Federal Court of Justice ("FCJ") upheld the decision of the Higher Regional Court of Düsseldorf and confirmed that Sect. 81(4) Sentence 2 Act Against Restraints of Competition ("ARC") is in conformity with the German constitution. This provision (...)

Jens Peter Schmidt The German Constitutional Court confirms the legality of obligation to pay interests for the period of an unsuccessful appeal against a cartel decision (Zinsverpflichtung)


In its judgment of 19 December 2012, the German Constitutional Court held that the obligation to pay interest requested by a penalty notice of the German Federal Cartel Office ("FCO") against legal persons or associations pursuant to Sect. 81(6) Act Against Restraints of Competition ("ARC") (...)

Jens Peter Schmidt The German Constitutional Court confirms that the EU concept of an "economic unit" does not apply under German law but rather the principle of legal personality (Silostellgebühren II)


The judgment of 17 December 2012 of the Higher Regional Court Düsseldorf ("Court") deals with the interpretation of Sect. 81(4) Act against Restraints of Competition ("ARC"), which is the statutory basis for the German Federal Cartel Office ("FCO") to issue a fine for antitrust infringements. (...)

Gillian Sproul, Jens Peter Schmidt, Kiran Desai, Nathalie Jalabert-Doury The EU Commission blocks a merger due to its potential effect on EU financial derivatives traded on the stock exchange (NYSE Euronext / Deutsche Börse)


On 1st February 2012, the European Commission adopted its decision prohibiting the USD 10.2 billion merger between Deutsche Börse (DB) and NYSE Euronext (NYSE). The decision is notable not the least because it is rare for the Commission to block a merger. Only 21 have been blocked (...)

911 Review


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