Arnecke Sibeth Dabelstein (Frankfurt)

Sebastian Jungermann

Arnecke Sibeth Dabelstein (Frankfurt)

Dr. Sebastian Jungermann is a partner with Arnecke Sibeth Dabelstein based in the firm’s Frankfurt office. He was admitted to the German bar in March 2000. He represents domestic and international clients in all matters of German and European anti-trust law, in particular in relation to merger control before the German Federal Cartel Office, the EU Commission and in multinational registrations; in anti-trust proceedings, fine proceedings, anti-trust criminal proceedings, control of unfair practices; strategic use of the leniency policy and applications for leniency; anti-trust compliance, internal investigations; litigation, and in matters concerning contractual competition restrictions; advising in court and before the German anti-trust authorities , the European Commission and the US Department of Justice. Further, he advises on company law, M&A, national security, foreign investments and export control, IP, privacy law (GDPR), compliance, outsourcing and other technology-related areas as well as cross-border proceedings and US-pre-trial discovery. His earlier professional experience includes: Linklaters (2000-2002), Arnold & Porter Kaye Scholer (2002-2016 Kaye Scholer, 2017-2021 Arnold & Porter Kaye Scholer). He holds a doctorate in law from Philipps-Universität Marburg (2002) (thesis title „The evidential value of electronic signatures“). He completed his legal clerkship with Marburg District Court, Frankfurt Higher District Court (1997-1999).

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Arnecke Sibeth Dabelstein (Berlin)


69 Bulletin

Sebastian Jungermann The German Federal Supreme Court rules that railway infrastructure usage charges by a railway infrastructure maintenance company amounts to an abuse of dominance notwithstanding regional factors (DB Netz)


Facts The plaintiff is claiming repayment from the defendant of train path usage charges paid for the period from December 2009 to December 2010 plus interest insofar as these are based on so-called ’regional factors’ (Regionalfaktoren). The defendant DB Netz AG, the infrastructure subsidiary (...)

Sebastian Jungermann The German Federal Supreme Court rules that infrastructure usage charges may infringe competition law where the pricing system is non-transparent, largely defies rational justification and does not comply with the statutory pricing system (DB Netz / Deutsche Bahn)


On 21 September 2021, the German Federal Supreme Court ruled on infrastructure usage charges in its second judgement concerning track path prices (KZR 88/20 - Trassenentgelte II) and formulated the following guiding principles: a) If a market-dominating company which has a significant (...)

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