Max Klasse

Blomstein (Berlin)

Max Klasse is partner in the antitrust and competition law group of BLOMSTEIN (Berlin, Germany). Max focuses on all aspects of German and European antitrust and competition, EU state aid and merger control law. In the area of antitrust, he advises companies in relation to internal investigations, cartel proceedings, compliance and behavioural matters. He is very experienced in getting deals through merger control, including in complicated cases with remedy packages. In State aid he represents both companies and State authorities before the EU courts. Max has particular experience in the following sectors: pharmaceuticals, media and telecoms, and FMCG as well as general industries. He is regularly ranked as “one of the world’s leading competition experts” in Who’s Who Legal: Competition. He is recommended by The Legal 500 and listed in Chambers Europe for Competition/European Law. Max is also among the few Who’s Who Legal leading State aid lawyers in Germany.

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Blomstein (Berlin)
Blomstein (Berlin)
Blomstein (Berlin)
Blomstein (Berlin)
Blomstein (Berlin)


43988 Bulletin

Max Klasse, Philipp Trube The Higher Regional Court of Berlin applies market tipping rules for the first time and prohibits list first rebates offered by leading real estate portal (Immoscout)


The Higher Regional Court of Berlin (Kammergericht, “KG”) ruled that certain exclusivity rebates – so-called ‘list-first’ rebates – granted by real estate portal Immoscout violate German competition law (Case No. U 4/21 Kart). The Immoscout case was decided on the basis of the so-called (...)

Max Klasse, Marie-Luise Heuer The German Federal Court of Justice rules that a concentration strengthening an existing dominant market position can be prohibited without the need for a further significance test (CTS Eventim / Four Artists)


Background of the Case CTS Eventim intended to acquire 51% of stakes each in the two companies Four Artists Booking Agentur GmbH and Four Artists Events GmbH. The successful acquisition would have bound all of Four Artist’s ticket sales (around 700,000 per year) to CTS Eventim and would have (...)

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 (...)

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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