Thomas Jestaedt practices EU and German antitrust/competition law, EU state aid law, public procurement law, EU constitutional law, and international contracts law. Thomas has practiced in Germany, the U.S., and England and has been based in Brussels for more than 15 years. Thomas has represented clients in some of the largest European cartel cases in recent years, including Cartonboard, Preisolated Pipes, and Austrian Banks. He is the regular competition law advisor to SAP, which he has represented, inter alia, in the Oracle/PeopleSoft proceedings. He is recognized as one of the leading authorities in EU state aid law; he has acted for one of the German public banks (Landesbanken) in recent EU Commission proceedings and has acted for investors and governments (including the government of Brandenburg) in investment aid proceedings. His public procurement experience has included a successful court action by one of the bidders for the privatization of the Berlin airports. He has represented clients in a number of proceedings before the European courts in Luxembourg, including in a leading case on the interpretation of EU directive "Television without Frontiers." Thomas is coauthor of a leading German commentary on competition law (Langen/Bunte), the main German-language publication on state aid law, the Lexis/Nexis European Competition Laws Guide, as well as the author of more than 25 articles on competition law subjects. He is listed as one of the 25 leading competition law experts in Germany by JUVE and as highly recommended by Global Competition Counsel. He is also listed in Chambers and Law Firms in Europe.
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The German Federal Court of Justice ("BGH") has handed down a decision that is likely to have a significant impact on the setting of cartel fines in Germany, potentially reducing the maximum cartel fine for some defendants. The decision deals with fines imposed on a number of German cement (...)
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The German government has published a draft bill that will amend the German Act on Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB). According to the draft, the government believes that current version of the GWB has proved itself effective in practice and only minor (...)
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On March 17, 2011, the German Federal Cartel Office (Bundeskartellamt) rejected plans by German broadcasting groups RTL and Pro7Sat1 to launch a joint venture for the creation and operation of an online video platform. This decision illustrates how in Europe, particularly in Germany, antitrust (...)
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In a decision of 10 February 2011, the German Federal Court of Justice (Bundesgerichtshof, BGH) ruled that companies can bring court action the challenge state aid granted to their competitors. Companies doing business in Germany will in the future have to ensure that all their transactions (...)
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Germany has introduced a new threshold for premerger notifications to its merger control system, effective tomorrow, 25 March 2009. This amendment to the German Act Against Restraints Of Competition (ARC) is expected to reduce the number of merger control filings in Germany dramatically. In (...)
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The Federal Court of Justice decided that in assessing the effects of a joint venture under German competition law, the relevant geographic market may be broader than Germany as a whole and may encompass European territories outside Germany. The Court overruled its established case law pursuant (...)
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