Joerg Meinzenbach

Hengeler Mueller (Dusseldorf)
Senior Associate

Joerg Meinzenbach is part of Hengeler Mueller as a Senior Associates. He received his first law degree from “Freie Universitaet Berlin” (Free University Berlin, Germany) in 2005, a Master of Laws degree in Competition Law from the University of King’s College London in 2007, and a Doctor of Laws degree (Dr. iur.) from the Free University Berlin in 2008. His doctoral thesis was supervised by Professor Dr. Dr. Dr. h.c. Saecker and addressed the subject of Energy Law, specifically incentive regulation as a mechanism for regulating network access charges. Prior to joining Hengeler Mueller, he was an academic assistant at the chair of Professor Saecker at the Institute for German and European Business, Competition and Regulation Law at the Free University Berlin, whereas his field of interest includes the Law of Regulated Industries and Competition Law.

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Articles

47230 Bulletin

Joerg Meinzenbach A German Court confirms a decision of the local competition authority in which excessive retail water prices were prohibited on the basis of former German competition law provisions that still apply to the public water sector (Wasserversorgung Wetzlar)

1532

I. Background The ruling of the Higher Regional Court Frankfurt/ Main (Oberlandesgericht Frankfurt/ Main) confirms a decision of the competition authority of the Federal State Hesse in which the authority prohibited excessive water prices on the retail level charged by the public water (...)

Joerg Meinzenbach The German Federal Court of Justice mainly upholds the decision of the Federal Network Agency and clarifies several important aspects in relation to the calculation of energy network access charges including the issue of disgorgement (“Vattenfall”)

2376

I. Background and history of the case The New German Energy Industry Act 2005 (EnWG) from 13 July 2005 introduced a regulated third party access together with the implementation of regulatory authorities for the energy sector. Therefore, since 2006 the Federal Network Agency (FNA - (...)

Joerg Meinzenbach The German Federal Court of Justice finds that the Federal Network Agency has no right of participation in respect of civil litigation proceedings concerning payments for the network usage (Beteiligung der Bundesnetzagentur II)

3223

I. Background and facts of the case The claimant is a subsidiary of the Deutsche Bahn (DB) and operates the predominant part of the railway network in Germany. The defendant is a private railway company offering services in the field of railway cargo transportation. In this respect it is (...)

Joerg Meinzenbach The German Federal Cartel Office defines the criteria of “not merely occasionally” in respect of selling below cost prices as an abuse of superior market power (Netto)

2620

I. Background The decision of the FCO is based on Sec. 20 (4) German Act against Restraints of Competition (ARC). At the time of the decision, on 25 October 2007, the provision prohibited undertakings with superior market power in relation to small and medium-sized competitors to use their (...)

Joerg Meinzenbach The German Federal Court of Justice clarifies to what extent the Energy Regulator may request data and information of regulated network operators regarding the development and future practice of a concept of incentive regulation (Auskunftsverlangen)

2344

I. Background The German Energy Industry Act (Energiewirtschaftsgesetz, EnWG) was implemented in 2005, introducing inter alia the regulated third party access to energy networks. In this respect the Federal Network Agency (FNA - Bundesnetzagentur) and the smaller State Network Agencies (...)

Joerg Meinzenbach The German Federal Cartel Office accepts commitments offered by four major gas transmission companies ensuring the compatibility of long term gas supply agreements with Art. 81 & 82 EC and German competition law (Bayerngas, Gas-Union, Saar Ferngas, Wingas)

6492

I. Background In 2003, the German Federal Cartel Office (FCO) began to investigate long term gas supply contracts between gas transmission companies and regional/local gas distributors. According to these investigations, in the German gas market as a whole approximately 75% of all gas supply (...)

Joerg Meinzenbach The German Federal Court of Justice clarifies to what extent acquisition of a licence may be subject to merger regulations and prohibits a concentration in the science magazines press market (National Geographic)

2751

I. Background and history of the case In March 1999, the German publishing company Gruner + Jahr and the Spanish based publishing company RBA Publicaciones (RBA) entered as joint licensees into a licence agreement with the US based National Geographic Society, publisher of the English edition (...)

Joerg Meinzenbach The Court of Appeal Düsseldorf upholds the decision of the Energy Regulator to reduce the access charges for electricity transmission networks on the basis of the new regime of price regulation (Vattenfall)

4725

I. Background and decision of the Federal Network Agency (FNA - Bundesnetzagentur) The enactment of the second EC E-Directive and EC G-Directive in 2003 had a special impact on the legal framework of the German energy sector and led to the introduction of the New German Energy Industry Act (...)

Joerg Meinzenbach The Court of Appeal of Düsseldorf prohibits long term gas supply agreements between the incumbent and regional and local distributors on the bases of both Art. 81, 82 EC and German competition law (E.ON Ruhrgas)

3493

I. Background The practice of long term gas supply agreements with purchase obligations of more than 80% of the gas distributors’ demand within the German gas sector have been discussed and questioned over a long period of time, especially in respect to a violation of competition law. In a (...)

Joerg Meinzenbach The German federal Court of justice finds, after referring the case to the ECJ for preliminary ruling, that formerly block exempted motor vehicle distribution agreements contain hardcore restrictions under the new EC Reg. 1400/2002 (“Kfz-Vertragshändler II”)

3414

I. Background The contractual relationship between the German car manufacturer BMW and its authorized car dealers is based on a formal dealer agreement. In respect of the termination of the contract, a 12 months’ instead of a 24 months’ notice applies if BMW sees the necessity to reorganise the (...)

Joerg Meinzenbach A German Court finds that a horizontal cooperation agreement between small and medium-sized undertakings does not affect trade between Member States under Art. 81 EC as the agreement has no “appreciable” impact on interstate trade (Filigranbetondecken)

3292

I. Background Two small and medium-sized producers of filigree concrete ceilings and other pre-fabricated concrete parts intended to enter into a cartel agreement regarding a cooperation in respect of their sales and distribution activities, including a joint data information system, common (...)

Joerg Meinzenbach The German Federal Court of Justice clarifies that the old EC Regulation 1475/95 only exempts endeavours to “sell” motor vehicles but prohibits endeavours to “purchase” if they have the effect of anticompetitive obligations to purchase (Bezugsbindung)

2986

I. Facts of the case Renault Germany AG as the sole national sales company for Renault brand in Germany sells its motor vehicles through a selective distribution system in which authorized "A-dealers" enter into a dealership agreement with Renault Germany. On a second distribution level (...)

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