Moritz Lichtenegger is an associate in the Munich office of Milbank, Tweed, Hadley & McCloy and member of the firm’s German and European antitrust practice. He joined Milbank in 2014. Moritz Lichtenegger specializes in both German and European competition law, in particular advising in relation to merger control procedures, cartel and dominance investigations and competition litigation. Moritz Lichtenegger holds a Ph.D. from the University of Zurich (Switzerland) and was a visiting scientist at the Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich. Moritz also worked in the Munich Office of German law firm Gleiss Lutz.
542
On 30 March 2010, the German Federal Court of Justice overruled a judgment of the Higher Regional Court of Munich and restored the judgment of the Regional Court of Munich in first instance. The question at stake was whether MAN had an obligation to contract with authorised repairers of Daimler (...)
542
On 23 June 2009, the German Federal Court of Justice overruled three judgments of the Higher Regional Court of Düsseldorf and remitted the cases back for further proceedings. In the joint proceedings before the Federal Court of Justice, the court had to decide whether a non-competition clause to (...)
1464
On 23 June 2009, the German Federal Court of Justice overruled three judgments of the Higher Regional Court of Düsseldorf and remitted the cases back for further proceedings. In the joint proceedings before the Federal Court of Justice, the court had to decide whether a non-competition clause to (...)
836
On 17 March 2009, the German Higher Regional Court of Frankfurt decided on the compatibility with competition law of non-competition clauses to the detriment of minority shareholders. The question at stake was whether a non-competition clause to the detriment of a minority shareholder generally (...)
715
On 3 March 2009, the German Federal Court of Justice reversed the judgement of the Higher Regional Court of Düsseldorf and remitted the case back for further proceedings. The question at stake was whether an undertaking could be regarded as dominant according to Art. 102 TFEU if due to its (...)
1135
On 17 February 2009, the German Federal Cartel Office cleared a merger in the sugar sector subject to conditions and obligations. The case concerned the indirect acquisition of the sugar activities of the Danish company Danisco Sugar A/S by the German sugar refinery Nordzucker AG, an (...)
1135
On 12 December 2008, the Higher Regional Court of Düsseldorf issued a decision concerning a rental agreement between a district and a manufacturer of car number plates. The case concerned the question whether a company having a local monopoly on the manufacturing market for car number plates (...)
1161
On 10 December 2008, the German Federal Court of Justice (FCJ) issued a decision on the definition of the relevant gas supply market. The case concerned the question whether a regional gas supplier had a dominant position which could have been abused. Facts and proceedings Stadtwerke Uelzen (...)
1062
On 12 November 2008, the German Higher Regional Court of Düsseldorf approved a decision of the German Federal Cartel Office (FCO) prohibiting the proposed acquisition of a 13.75% share in a company by a competitor. The case concerned the issue of whether, according to German law, a share (...)
1129
On 7 November 2008, the Regional Court of Mannheim issued a decision on the validity of territorial limitations contained in reciprocal representation agreements concluded between national collecting societies. The case concerned the question whether a national collecting society was entitled (...)
1883
On 16 January 2008 the Higher Regional Court of Düsseldorf issued a decision on questions concerning the German prohibition of unfair hindrance, Sec. 20(1) of the German Act against Restraints on Competition (ARC). The questions arose in administrative proceedings by the German Federal Cartel (...)
2406
On 21 December 2007, the German Federal Cartel Office (FCO) imposed a fine on nine state associations of pharmacists, five pharmaceutical companies and the Federal Association of Pharmaceutical Manufacturers for organising and accomplishing a lecture series intended to convince pharmacists to (...)
7224
On 4 December 2007 the German Regional Court of Hamburg issued a decision on the compatibility with competition law and the law against unfair practices of the exclusive distribution agreement concluded between the German mobile network operator T-Mobile and the American multinational (...)
2728
On 12 October 2007, the German Federal Cartel Office cleared a merger in the energy sector. The German companies Thyssengas GmbH (Thyssengas), E.ON Gastransport AG & Co. KG (EGT) and EWE AG (EWE) planned to acquire shares in trac-x Transport Capacity Exchange GmbH (Trac-x), the provider of (...)
2233
On 26 September 2007, the German Federal Cartel Office (FCO) ceased abuse proceedings launched against RWE AG (RWE) in 2005 after it had declared RWE’s commitments to auction off electricity to be binding. The proceedings centred on the question whether RWE had abused its alleged dominant market (...)
1934
In three cases dated 15 August 2007 and 26 June 2008 the German Higher Regional Court of Düsseldorf decided on the compatibility with competition law of non-competition clauses to the detriment of minority shareholders. In two of the cases, appeals against denial of leave to appeal are pending (...)
891
On 27 June 2007, the German Higher Regional Court of Düsseldorf issued a decision on the question whether a telecommunication company abused its dominant position by demanding excessive fees for the provision of information for directory enquiry services. The question at stake was whether a (...)
1234
Facts The plaintiff was a former authorised distributor of the defendant automobile manufacturer Bayerische Motorenwerke AG (BMW). In 1996, the plaintiff entered into a contract with BMW for the distribution of motor vehicles manufactured by BMW. This contract was based on a standard clause (...)
1551
On 3 May 2007, the German Hanseatic Higher Regional Court of Bremen issued a decision on several questions concerning denial of access to essential facilities. The case concerned the question whether the operator of an exhibition centre was a dominant undertaking in charge of an infrastructure (...)
1203
On 11 April 2007, the German Higher Regional Court of Frankfurt issued a decision on the relationship between copyright, trademark and title protection law on the one hand and competition law on the other hand. The question at stake was whether restrictive clauses concerning the distribution of (...)
1545
On 25 October 2006, the German Federal Cartel Office prohibited the proposed merger between the two American companies Coherent, Inc. (Coherent) and Excel Technology, Inc. (Excel), each a market leader in the laser area . Facts Coherent is an American company, listed on the US stock exchange, (...)
3106
On 20 September 2006, the German Higher Regional Court of Düsseldorf issued a decision on the interpretation of Regulation n° 1400/2002 concerning the contractual obligation of authorised repairers exclusively to use original spare parts instead of spare parts of matching quality. Facts The (...)
1184
On 11 April 2006, the German Federal Cartel Office (FCO) unconditionally cleared the acquisition of shares in n-tv Nachrichtenfernsehen GmbH & Co. KG by RTL Television. The case concerned the question whether a merger strengthening the collective dominant position of RTL and ProSiebenSat.1 (...)
2587
On 8 March 2006, the German Federal Cartel Office cleared a merger in the hospital sector subject to conditions and obligations . The case concerned the acquisition of the Altona Children’s Hospital (AKK), Hamburg-Altona, by the Altona Children’s Hospital non-profit LLC (AKK gGmbH), a special (...)
1731
On 29 September 2004 the German Federal Cartel Office prohibited the proposed merger between the American company Leggett & Platt, Inc. (L&P), a manufacturer and distributor of inter aliaresidential furnishings, and AGRO Federkernproduktions GmbH (AGRO), a German manufacturer of (...)
1615
On 21 July 2004, the German Higher Regional Court of Düsseldorf issued a decision on the recognition and enforcement of foreign arbitration awards as regards competition law matters . Facts Until the end of 1989 the defendant was a producer and distributor of regenerative heat exchangers for (...)
1077
On 13 July 2004, the German Federal Court of Justice issued a judgement on the validity of several standard clauses contained in motor vehicle distribution agreements concluded between the French automobile manufacturer CITROËN and its licensed dealers in Germany. The case concerned the (...)
3034
On 23 June 2004, the German Higher Regional Court of Düsseldorf issued a decision on the compatibility with EC law of a contract concerning an exclusive right to import Czech beer into Germany . Facts The plaintiff used to be the sole importer and authorised dealer in Germany for Budweiser (...)
19 avenue Jean Aicard
75011 Paris, France
106 West 32nd Street, Suite 149
New York, NY, 10001, USA
563 Chiswick High Road
W4 3AY London, UK