The Legal 500

Freshfields Bruckhaus Deringer has long provided ‘high-level advice’ in this area, and it remains ‘outstanding in terms of its knowledge, speed and expertise’. Its recent portfolio of highly complex matters includes landmark cases such as representing Thyssen Krupp in appealing against the European Commission (EC) fine in the elevator cartel case; Mars regarding the cartel proceedings of the Federal Cartel Office (FCO) against several producers of branded goods; and E.ON in an EC investigation into an alleged market sharing arrangement. Martin Klusmann provides ‘outstanding counsel in every sense’, Uta Itzen has ‘in-depth knowledge’ and is ‘always available’, and Gerhard Wiedemann’s expertise is ‘worth every penny’.

Clients report great satisfaction with Gleiss Lutz’s team at all levels of seniority, and remark on the group’s ‘great business acumen’ and comprehensive scope, which includes merger control proceedings, cartel investigations, compliance issues and a number of state aid cases in the renewables and healthcare sectors. The team advised Infineon Technologies on the €1.1bn sale of its wireless solutions business division to Intel, and secured an acquittal for Geberit in EC proceedings relating to the bathroom suppliers cartel. Matthias Karl has ‘a willingness to work on creative solutions’, Ulrich Denzel is ‘a perfect blend of accurateness of advice and pragmatic solution-finding’, and Rainer Bechtold remains the team’s ‘flagship partner’.

Cleary Gottlieb Steen & Hamilton LLP’s team locally works closely with colleagues in Brussels and the US, rendering seamless cross-border advice in international cases. It advised EDF on merger control issues regarding its €4.7bn sale of a participating interest in EnBW to the Federal State of Baden-Württemberg, and acted for Dow Chemical in the $1.63bn sale of Styron to Bain Capital. Stephan Barthelmess has a ‘sensitive tactical feeling for situations’, Dirk Schroeder ‘handles unprecedented situations and convinces authorities and courts’, and Romina Polley is also particularly appreciated.

Hengeler Mueller represents numerous very well-known names including an increasing number of international clients. It recently defended Akzo Nobel in damages claim proceedings initiated by CDC against members of the bleach cartel and represented EQT in merger control proceedings regarding the sale of Kabel Baden-Württemberg to Liberty Global. It also represented GN Store Nord in a damages claim against the Federal Republic of Germany due to the FCO’s illegal prohibition of the proposed sale of ReSound Group to Sonova. Christoph Stadler is ‘very calm and matter-of-fact’, and Horst Satzky is ‘always available’ and has ‘great contacts with the authorities’. Clients also appreciate the firm’s ‘fantastic team of German lawyers’ in Brussels.

‘Simply excellent’ and ‘extremely hands-on’, Linklaters LLP had a fantastic year in 2011, receiving its first instructions from Nestlé and Deutsche Bahn. The team also advised Deutsche Börse on its planned merger with NYSE Euronext, ACS on its takeover of Hochtief, and Sanofi-Aventis on the veterinary medicines business merger of its Merial division with Merck’s Intervet. Practice head Daniela Seeliger provides ‘highly practical advice’, Wolfgang Deselaers is ‘always available’, and Carsten Grave is also a key figure.

CMS Hasche Sigle has ‘a hands-on mentality’ and expertise across numerous sectors, particularly notably in distribution competition law where it recently advised Porsche on new contracts. It represented Baerlocher in EC proceedings regarding heat stabilisers, and Media-Saturn Group in EU merger control proceedings and before the French antitrust authority. Harald Kahlenberg provides good ‘performance, speed and a strategic approach’, and the ‘pragmatic’ Markus Schöner has ‘in-depth knowledge’.

Clifford Chance’s highly visible practice has attracted a sector approach to its antitrust group and this has paid off especially with a series of top-end instructions in energy and telecoms matters. The group advised Deutsche Telekom on a purchasing joint venture with France Télécom/Orange, represented Kone in court actions seeking damages, and EWE on the development of a groupwide compliance programme. Marc Besen routinely provides a ‘very impressive performance’, and Joachim Schütze is also recommended.

Hogan Lovells International LLP’s ‘highly qualified, motivated and creative practitioners’ always ‘take into account global aspects’. In a particularly noteworthy case, it represented the FCO in a lawsuit concerning GN Store Nord’s €1.1bn claim for damages for official liability. It also advised Tank & Rast on antitrust, procurement and contract law pertaining to the re-awarding of fuel distribution rights at German highway service stations. Marc Schweda ‘develops tailor-made solutions’, and the ‘very customer-focused’ Martin Sura has ‘outstanding industry knowledge’.

Jones Day handled large-scale transactions, notably in the chemicals sector, such as advising ISP on its $3.2bn merger with Ashland. It provided global antitrust and merger control advice to Lubrizol concerning its $9.7bn acquisition by Berkshire Hathaway. It also represents third-party opponents in EC merger cases and acts in internal investigations and leniency applications. The ‘outstanding’ Thomas Jestaedt is ‘well connected to the authorities’, the ‘goal-oriented’ Carsten Gromotke ‘finds solutions quickly’, and Johannes Zöttl produces ‘impressive work’. Clients appreciate the ‘relationship of absolute trust with in-house counsels and top management’.

Latham & Watkins LLP’s ‘excellent and highly competent’ team routinely handles significant cross-border cases. It advised National Semiconductors on international merger control aspects of its $6.5bn acquisition by Texas Instruments, representing Oracle in merger control proceedings relating to the acquisition of patents from Novell, and Finnish chemical producer Kemira Oyj in a €640m antitrust damages action. Ulrich Börger and Marco Núñez Müller are recommended.

Noerr has specialist expertise in cartel compensation claims, with recent examples being defending Arkema against compensation claims following EC penalty proceedings of the European Commission, and acting for HUK-Coburg in pursuing cartel compensation claims in connection with the auto glass cartel. It also notably advised the German Football League (DFL) on developing marketing models for media rights to football games. Kathrin Westermann is ‘extremely good’, and Karsten Metzlaff ‘combines in-depth legal knowledge with excellent “people skills”’.

Oppenländer Rechtsanwälte enhanced its practice by attracting new clients such as Hochtief and Deutsche Bahn to its client roster, the latter receiving advice on cartel compensation claims. It advised Süddeutscher Verlag and SWMH on merger control issues. The renowned Albrecht Bach is ‘a highly qualified adviser’. The firm’s second office, located in Munich, opened in September 2011.

WilmerHale is particularly experienced in advising companies operating in regulated industries such as energy, telecoms and healthcare. The team defended Deutsche Telekom against competitors in an alleged abuse of dominance matter, is representing Lufthansa Cargo in worldwide antitrust proceedings and subsequent regulatory litigation, and provides merger control advice to Syngenta. The ‘extremely experienced’ Ulrich Quack heads this ‘very broad practice’.

Allen & Overy LLP has been busy advising on cartel investigations and leniency applications. It advised CTS Eventim during de-merger investigations following its acquisition of See Tickets Germany, and acted for Rosneft on merger notifications and a foreign investment notification regarding the acquisition of a stake in a German refinery from Petróleos de Venezuela. Ellen Braun leads the group, which provides ‘a high quality of advice at reasonable cost’.

Milbank, Tweed, Hadley & McCloy LLP’s Alexander Rinne has built an impressive practice with ‘a hands-on-mentality’ since joining two years ago, and he is always ‘ahead of market developments’. The team advised Humana and Nordmilch on the merger of their businesses, and has expertise in advising on merger control regulations as they pertain to private equity structures, for which Carlyle is a notable client.

Schulte Riesenkampff has been particularly busy advising on building materials joint ventures and financial services regulations, the latter of which is a particular strength of the team. It represented Basalt-Actien-Gesellschaft in merger control and sector inquiry matters, and advised Deutscher Derivate Verband on implementing a new remuneration model of Deutsche Börse. Christoph Peter is ‘cost efficient’ and ‘gets to the point’, and ‘recognised expert’ Josef Schulte gives ‘hands-on advice at short notice’.

Shearman & Sterling LLP is expert in international merger control proceedings, and frequently advises clients from the Middle East such as Qatar Investment Authority. It also advised Linde Group on a joint venture in Mexico, and Cargolux regarding the air freight cartel. Practice head Hans-Jürgen Meyer-Lindemann divides his time between Brussels and Düsseldorf.

Bird & Bird is best known and well appreciated for its IP-related antitrust work such as advising Nokia on antitrust aspects of the proceedings against IPCom. The team also advised Johnson Controls in EU merger control proceedings regarding its acquisition of Michel Thierry. Jörg Witting is recommended along with the ‘first-class’ Anne Federle, who divides her time between Brussels and Düsseldorf.

Glade Michel Wirtz – Corporate & Competition is an ‘extremely well regarded practice’, which attracted several notable mandates in 2011 including advising Klöckner on merger control proceedings and a mineral oil company regarding the re-awarding of fuel distribution rights at German highway service stations. Markus Wirtz is recommended.

Haver & Mailänder Rechtsanwälte leverages its well-established litigation practice in the antitrust space, and is representing Friedrich Scharr in liquefied gas cartel proceedings as well as several banks in litigation with the German savings bank regarding use of debit cards. Other clients include MTD Products and Cooper Industries. Ulrich Schnelle is recommended.

Heuking Kühn Lüer Wojtek shows ‘great legal skills’ and ‘sector knowledge’, and its growing team is increasingly being instructed on merger control matters, with one recent example being Citrix Systems’ acquisition of NetViewer. The team is representing a wood products manucfacturer in proceedings relating to a cartel fine. Rainer Velte heads the team.

Skadden, Arps, Slate, Meagher & Flom LLP has a strong market presence advising on large merger control cases, where it frequently collaborates with colleagues in other offices. It represented Novell during its $2.2bn acquisition by Attachmate, and Apax Partners in the €920m sale of a majority stake in IFCO Systems to Brambles. Horst Henschen is recommended.

Taylor Wessing’s Michael Dietrich is ‘sophisticated and knowledgeable’, and the group deepened its resources by recruiting Holger Wissel, who has an ‘an eye for commercial needs’, from Clifford Chance. The group advised REWE on food retail antitrust proceedings and provided merger control advice to Evonik Industries regarding the sale of its carbon black unit. Melitta is a new client.

White & Case LLP’s recent work includes representing Clariant in merger control proceedings relating to its acquisition of a majority stake in Süd-Chemie, a matter in which the German team worked alongside colleagues in New York, Moscow and Ankara. The team also recently represented Unilever in concluding cartel proceedings. Edeka is a key client. Börries Ahrens provides ‘excellent negotiation strategies and risk assessment’.