Silke Heinz

Heinz & Zagrosek (Köln)
Lawyer (Partner)

Ms. Heinz’s practice focuses on European and German competition law. She advises clients in relation to merger notifications, horizontal cooperation and distribution, including joint ventures, cartel cases, including leniency applications and settlements, and vertical infringements, dominance, compliance, internal, investigations and training, litigation, including on damages claims. She has expertise in various industries, including aerospace, automotive, broadcasting and media, including digital media, chemical products, consumer goods, energy, IT, medical devices, pharmaceutical products and telecommunications. She also has experience in other EU regulatory matters, including privacy rules. Ms. Heinz has published on EU and German competition law and is an author of the Kluwer Competition Law Blog. Ms. Heinz has been involved in a broad range of merger control proceedings with the European Commission and with the Federal Cartel Office in Germany, including second-phase proceedings, the negotiation of undertakings as well as referral cases to and from the European Commission. She recently represented clients in the GlaxoSmithKline/Novartis and Baxter Healthcare/Gambro merger cases. She is also experienced in worldwide multi-country merger filings. Ms. Heinz received an LL.M. degree from the College of Europe in Bruges in 1997. She passed her second state law examination in the State of Hamburg in 2000 and the first state law examination at the University of Hamburg in 1996. Ms. Heinz is a member of the Bar in Cologne. Her native language is German, and she is fluent in English and French. Prior to founding Heinz & Zagrosek, Ms. Heinz worked for Cleary Gottlieb Steen & Hamilton LLP, a leading American law firm, for more than 15 years, four of which she spent in Brussels. Ms. Heinz is a member of the legal bar in Cologne. She is a native German speaker and fluent in English and French.

Articles

8951 Bulletin

Silke Heinz The Düsseldorf Court of Appeal quashes the Federal Cartel Office decision and finds a most favoured nation clause on a hotel booking platform to be compatible with antitrust law (Booking.com)

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Booking.com’s "narrow" MFN clauses now also permissible in Germany, Court of Appeals rules* On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price (...)

Silke Heinz The German Competition Authority orders a social network company to stop collecting and matching data of its users without explicit consent as it constitutes an abuse of dominance (Facebook)

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Bundeskartellamt hits „don’t like“-button on Facebook* On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data (...)

Silke Heinz The German Competition Authority indicates in its preliminary assessment of a possible abuse of dominance case that data collection and use from third-party sources is abusive (Facebook)

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Bundeskartellamt sends preliminary assessment to Facebook* On December 19, 2017, the Federal Cartel Office (“FCO”) published a press release on its preliminary assessment in the ongoing Facebook dominance probe, accompanied by a background paper (available in English here). The FCO considers (...)

Silke Heinz The German FCO publishes merger remedies guidelines

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Bundeskartellamt publishes merger remedies guidelines* On May 30, 2017, the Bundeskartellamt (Federal Cartel Office, "FCO“) has published guidelines on remedies in German merger control, also available in an English translation. The very detailed guidelines (87 pages) provide a comprehensive (...)

Silke Heinz The Frankfurt Court of Appeals submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty)

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Ban on sales via third-party internet platforms in Germany and Pierre Fabre – recent referral to the Court of Justice* The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (see (...)

Silke Heinz The German Competition Authority publishes discussion paper on internet platforms in merger control, contractual restrictions of competition and abuse of dominance scenarios

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The FCO publishes discussion paper on internet platform markets* On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (consisting (...)

Silke Heinz The German Bundeskartellamt imposes fines against three manufacturers of fire-fighting vehicles and an independent accountant for infringement of German cartel law (Fire-fighting vehicles cartel)

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FCO fines cartelists and independent accountant – the fire-fighting vehicles decision* The German Federal Cartel Office (“FCO”) fined three manufacturers of fire-fighting vehicles on February 10, 2011, imposing € 20.5 million in total. The FCO found that the companies had engaged in bid rigging (...)

Silke Heinz The Düsseldorf Court of Appeals overturns a Bundeskartellamt merger prohibition addressing the issue of future potential competition’s test under German law (Neue Pressegesellscxhaft / Zeitungsverlag Schwäbisch Hall)

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Court raises question on the test for considering future potential competition under German merger control rules* The case concerns the question under which conditions the possible future creation of potential competition can be considered to strengthen a dominant position under German merger (...)

Silke Heinz The Düsseldorf Court of Appeals questions the German Federal Cartel Office’s decision imposing the obligation to grant access to essential facilities in the ferry services in interim proceedings (Fährhafen Puttgarden II)

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The end of access to essential facilities in Germany in practice?* On June 10, 2010, the Düsseldorf Court of Appeals issued a decision that increased the hurdles for obtaining access to essential facilities in Germany in practice (see WuW/DE-R 2941 et seq.). The case concerns interim (...)

Silke Heinz The German Federal Court of Justice reverses the Düsseldorf Court of Appeal’s decision ruling in favor of a merger in the hearing aids sector and addressing the issue of collective dominance test under German law (Phonak / GN ReSound)

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Phonak/GN: Federal Court of Justice further specifies collective dominance test under German law* On April 20, 2010, the German Federal Court of Justice quashed the Düsseldorf Court of Appeal’s decision in Phonak/GN, which upheld the FCO’s merger prohibition of the acquisition of GN ReSound by (...)

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