Jörg Witting

Bird & Bird (Düsseldorf)
Lawyer (Partner)

Dr. Jörg is a partner in the Düsseldorf office, he leads the German competition law practice, specialising in IP-related competition law, competition law litigation and distribution-focused competition law. With more than 20 years’ experience in EU and competition law, including EU state aid law, and anti-trust litigation, she advises clients with a focus on IP-related competition law, private enforcement, licence and distribution agreements, and in the area of German and EU merger control. He regularly represents clients in proceedings before the German and European competition authorities and courts, advise on discriminatory practices and conduct compliance programmes at clients’. His particular expertise is at the intersection between IP and competition law, where he represents clients in patent infringement proceedings, provide expert advice in the area of technical standardisation and advice clients on complex patent and trade mark licensing and cooperation agreements. The strong IP focus of my practice allowed my team to gain comprehensive insight into very IPR-specific strategies and proceedings leading to a market-leading expertise in applying competition law in this context. The comprehensive forensic experience at the intersection to IP over the years helped him build up significant expertise as a litigator not only in IP-related litigation but also in cartel damage claims proceedings and general antitrust disputes. He has represented both national and international clients and the public sector in a large number of proceedings before regional courts, higher regional courts, the Federal Supreme Court and the European Court of Justice. In recent years, he has won several important landmark decisions before the Federal Court of Justice and the European Court of Justice. In EU state aid law, he has particular experience in rescue and restructuring projects, privatisation of public enterprises, infrastructure and special aspects of the public banking sector. Clients he acts for include both national and major international players in the technology and communications sector (such as the mobile phone, personal computer and digital entertainment and semi-conductor industries), large automotive, retail and consumer and pharma companies, public entities in the healthcare sector as well as the German Federal Government. Today, he publishes regularly on EU and competition law, as co-author of ’Kartell- und regulierungsbehördliche Ermittlungen im Unternehmen und Risikomanagement’ (reference book on cartel investigations and risk management for undertakings) and has contributed to various leading publications in the area of competition and anti-trust law. He is a member of Studienvereinigung Kartellrecht e.V., the German association of leading competition law experts, and of GRUR, the German Association for Intellectual Property Rights and Copyright. Before joining the firm in 2005 he worked in the competition law practice of a major global law firm in its Düsseldorf and Brussels offices.

Linked authors

Bird & Bird (Brussels)
Bird & Bird (Paris)
Bird & Bird (Paris)
Bird & Bird (Düsseldorf)

Articles

409 Bulletin

Jörg Witting, Marcio da Silva Lima The German Competition Authority finalises fines totalling €110 million on eleven providers of technical building services for collusion in the award of major contracts (Caverion / Elektrotherm / Landshut / Engie / Cologne / Ferrostaal Air Technolgy / Saarwellingen / Stuttgart...)

21

In December 2019 the Federal Cartel Office (“FCO”) imposed fines totalling EUR 110 million on eleven providers of technical building services for collusion in the award of major contracts. The proceedings were initiated in November 2014 following a leniency application. The leniency application (...)

Jörg Witting The German Federal Minister for Economic Affairs and Energy publishes its reports and recommendations concerning a new European competition law framework for the digital economy

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On 9 September 2019 the expert commission “Competition Law 4.0” presented its report and recommendations concerning a new European competition law framework for the digital economy. The Commission of Experts was appointed by the German Federal Minister for Economic Affairs and Energy, Peter (...)

Jörg Witting The Higher Regional Court of Düsseldorf suspends the effect of the Competition Authority’s decision after receiving a complaint questioning the finding of an abuse of dominance in the social network market (Facebook)

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On 26 August 2019, the Higher Regional Court of Düsseldorf (“Court”) suspended the effect of the Facebook decision of the German Federal Cartel Office (“FCO”) after a complaint by Facebook questioning in particular the FCO’s finding of an abuse of a dominant market position by Facebook. Facebook had (...)

Jörg Witting The Higher Regional Court of Düsseldorf overturns the German Competition Authority’s decision which sanctioned price parity clauses between hotel platforms and hotel operators (Booking.com)

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On 4 June 2019, the Higher Regional Court of Düsseldorf ruled that price parity clauses which prohibit hotel operators to offer lower room prices on their homepages compared to the prices offered on the booking platform are valid – overruling the decision of the German Federal Cartel Office (...)

Jörg Witting The German Competition Authority announces that two sports committee committed to enlarge the advertising opportunities for German athletes during the Olympic Games (IOC / DOSB)

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On 27 February 2019, the German Federal Cartel Office (“FCO”) issued a press release announcing that the German Olympic Sports Confederation (“DOSB”) and the International Olympic Committee (“IOC”) committed to enlarge the advertising opportunities for German athletes during the Olympic Games. This (...)

Jörg Witting The German Competition Authority finds an online platform of social network to be dominant in the market for social networks and prohibits the company from combining user data from different sources (Facebook)

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The FCO issued a decision in its Facebook proceeding on 7th February 2019 which concerns the interface between competition law and data protection law. Facebook’s terms and conditions require the user to consent to Facebook’s unrestricted collection of user data and assignment of non-Facebook (...)

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