Max Klasse

Blomstein (Berlin)
Lawyer (Partner)

Max Klasse founded Blomstein in 2016. He was previously a member of the antitrust and competition practice group of Freshfields Bruckhaus Deringer in the Berlin office. He advises clients on European and German antitrust law, merger control and state aid law. He has particular experience in the following sectors: food and consumer products, pharmaceuticals, healthcare, chemicals and transport. Max has led teams in a wide variety of cases, including cartel and merger related. Max is co-author of the book "Kartellrecht im Pharma- und Gesundheitssektor" (Competition Law in the Pharmaceutical and Healthcare Sector, 2nd edition 2015, together with Thomas Lübbig). He joined Freshfields in 2005. He was seconded to the Freshfields offices in Düsseldorf (2015), London (2014) and Cologne (2008). In 2012 he was seconded to a leading transport services provider.

Linked author

Blomstein (Berlin)


43206 Bulletin

Max Klasse The German Federal Court of Justice holds that defendants in a patent infringement litigation can raise a “compulsory license defence” subject to strict conditions (Orange-book standard)


Background The Koninklijke Philips Electronics N.V. (“Philips”) is the holder of a patent which is essential for the production of recordable and rewritable compact discs (CD-R and CD-RW discs). Use of the patent cannot be avoided in the production of CD-R or CD-RW discs and Philips has granted (...)

Bertrand Guerin, Max Klasse The German Competition Authority clears three different mergers involving six of the largest German banks (Deutsche Bank / Deutsche Postbank / Commerzbank / DresdnerBank / DZ Bank / WGZ Bank)


Background Against the background of increasing global financial turmoil, three major concentrations involving six large German banks (as well as the largest German insurance company) were submitted to the German Federal Cartel Office (Bundeskartellamt - FCO) for clearance between November (...)

Max Klasse The German District Court of Dortmund holds that the refusal to grant a horse riding license can constitute an abuse of a dominant position within the meaning of Art. 82 EC (The doped horse)


Background and Decision On 22 January 2009, the District Court of Dortmund (Landgericht Dortmund) granted injunctive relief to a German show jumper who resided in the Netherlands and was an employee of a Dutch horse riding stable. He was also riding his own horses and was n° 13 of the global (...)

Max Klasse The Higher Regional Court of Düsseldorf finds an exclusive purchase obligation in breach of Art. 81 EC and replaces a void non-compete obligation in a franchise agreement (The Body Shop)


Background The cosmetics chain The Body Shop (TBS) employs two different types of distribution channels in Germany: On the one hand, it holds a number of proprietary retail outlets and, on the other hand, it distributes its products through a franchise system. Under the franchise system the (...)

Max Klasse The German Federal Cartel Office issues new notices on agreements of minor importance and on the application of antitrust provisions to SMEs’ horizontal cooperation agreements


Introduction The Federal Cartel Office (FCO) has issued two revised information leaflets providing for guidance with regard to the application of both European and German competition law by the FCO: (1.) The new notice on agreements of minor importance (“de minimis notice”) and (2.) the new (...)

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