Silke Heinz

Heinz & Zagrosek (Köln)
Partner

Ms Heinz advises clients on all aspects of EU and German competition law, including merger control, cooperation among competitors, cartel proceedings, distribution, dominance, compliance and litigation. She has expertise in various industries, such as aerospace, automotive, media, chemical products, consumer goods, energy, IT & telecoms, medical devices and pharmaceuticals. Ms Heinz in particular advises on antitrust aspects of digital platform across industries, including online distribution and abuse of dominance. She represented a complainant in the FCO’s abuse proceedings against Amazon, and advises clients against other digital gatekeepers, including under the new German competition law rules on companies with paramount cross-market significance. She has worked on a broad range of merger cases, both at EU and national level. Ms Heinz has litigated in German and European courts, including the preliminary ruling to the European Court of Justice in Pfleiderer and referral proceedings on SEP/FRAND litigation between Nokia and Daimler, as well as cartel and merger decision appeals and civil litigation. She has profound experience with cartel proceedings, including internal investigations, dawn raids, leniency applications and settlements. She has worked on many EU and German cartel cases in various sectors. She also advises on follow-on damages claims.

Distinctions

Linked author

Heinz & Zagrosek (Köln)

Articles

12893 Bulletin

Silke Heinz The German Competition Authority ramps up enforcement on Big Tech firms following introduction of new powers with the coming into force of the 10th Amendment to the Act against Restraint of Competition

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This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In January 2021, the latest reform of the German competition law (“ARC”) entered into force, including significant new rules regarding digital platform markets. (...)

Silke Heinz The Düsseldorf Higher Regional Court quashes the Competition Authority’s decision and finds a most favoured nation clause compatible with antitrust law for a hotel booking platform (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 (...)

Silke Heinz The German Competition Authority indicates in 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 Appeal submits preliminary reference on how to treat bans on sales via third-party internet platforms in selective distribution systems (Coty Germany)

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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 Competition Authority 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 Dusseldorf Court of Appeals overturns a Competition Authority’s 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 Competition’s Authority 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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