WilmerHale > Berlin, Germany > Firm Profile

WilmerHale
FRIEDRICHSTRASSE 95
10117 BERLIN
Germany

Germany > Antitrust

WilmerHale‘s antitrust team is experienced in antitrust proceedings, where it primarily represents large players in cartel damages proceedings as well as national and cross-border antitrust administration and fine proceedings; here, the team acts in both the defense against and the enforcement of claims. Another mainstay is merger control support, thanks to the close cooperation with the locations in Brussels, London and the US. The team is jointly led by Ulrich Quack (merger control),  Stefan Ohlhoff and Hans-Georg Kamann, the latter two are both experienced in cartel damages.

Other key lawyers:

Testimonials

‘Ulrich Quack and Oliver Fleischmann impress with their very careful way of working, reliable deadlines and special knowledge of the industry with excellent knowledge of German and EU antitrust law.’

‘Reliability, well-considered judgments, great experience, very fair billing.’

Key clients

Bundesverband Öffentlicher Banken Deutschlands

Deutsche Bahn AG

Deutsche Telekom AG

Katjes Fassin GmbH & Co KG

Krombacher und Schweppes

Meta Platforms, Inc.

Work highlights

  • Defense of the Federal Association of German Public Banks, VÖB, eV on Electronic Cash in several parallel proceedings before the Berlin Regional Court regarding antitrust damages due to merchant fees for Girocard.
  • Representing Deutsche Bahn AG in claiming damages due to the rail cartel in one of the first major antitrust damages cases.
  • Representation of Katjes Fassin GmbH & Co KG; Krombacher Brewery Bernhard Schadeberg GmbH & Co. KG, Schweppes Deutschland GmbH; Kondima Engelhardt GmbH & Co KG) in claiming damages due to the sugar cartel in several lawsuits before the Mannheim Regional Court, the Cologne Regional Court and the Düsseldorf Higher Regional Court.

Information technology > Data protection Tier 2

WilmerHale is well-know for supporting the technology company Meta, which is regularly demonstrated in numerous major proceedings before the ECJ, the European Data Protection Board and national authorities. The team frequently cooperates with the Brussels location in connection with EU-related matters. Further key areas include the advice on contentious data protection matters, the structuring of international data transfers as well as data breach response and IT law. The latter is a focus of practice head Martin Braun, who is additionally well versed in the ​​social media segment.

Practice head(s):

Key clients

Meta Platforms Ireland Limited

WhatsApp Ireland Limited

Work highlights

  • Advice to Meta Platforms Ireland Limited on data protection and European law aspects in the German Federal Cartel Office’s proceedings regarding the merging of user data, which, after stints at the Düsseldorf Higher Regional Court and the Federal Court of Justice, is currently being submitted to the ECJ (C-252/21).
  • Advice to Meta Platforms Ireland Limited on the submission procedure to the ECJ in the AppCenter proceedings regarding the right of consumer protection associations to bring legal action in the event of data protection violations.
  • Advice to Meta Platforms Ireland Limited  on various annulment actions against decisions of the European Data Protection Board.

Intellectual property > Unfair competition Tier 2

In the competition sphere and across the soft IP spectrum, WilmerHale is particularly known for its dispute resolution capabilities, which are primarily applied for clients from the fashion, consumer goods, pharmaceutical and e-commerce industries. The group further assists with advertising campaigns, licensing and strategic issues. In addition to companies, including several from the US , the practice is also instructed by German authorities, which is not least due to its cross-location cooperation. Practice head Vanessa Wettner, whose expertise includes litigation before courts such as the Federal Court of Justice and the European Court of Justice, is the key contact and advises several Silicon Valley companies, among others.

Practice head(s):

Vanessa Wettner

Testimonials

‘Excellently high level of competence, even regarding complex specialist material, which can only be acquired through thorough training. High empathy for client’s needs.’

‘Vanessa Wettner: Honest analyses and legal assessments that are not aimed at driving the process forward in a costly manner. Always independent legal assessments. In short: High independence with success!

‘Vanessa Wettner: Excellent litigator who has immense experience and always keeps an eye on work and cost efficiency, good interaction when working with associates.’

‘Powerful and experienced team, internationally connected, very good practice.’

‘Vanessa Wettner is an excellent and experienced litigation strategist with in-depth knowledge of IP and competition law.’

Key clients

Becton Dickinson B.V.

Bundesrepublik Deutschland – Bundesministerium für Wirtschaft und Energie

Hugo Boss AG

Meta Platforms, Inc.

Work highlights

  • Representation of Meta in so-called AppCenter proceedings before the European Court of Justice, which dealt with the question of whether consumer protection associations still have the right to sue under the UWG and UKlaG to prosecute data protection violations in court even after the GDPR comes into force.
  • Successful representation of Hugo Boss in EU-wide trade mark infringement proceedings against one of Europe’s largest clothing discounters concerning various BOSS slogans.

Public sector > Commercial administrative law Tier 3

WilmerHale focuses on regulatory advice and litigation and counts large companies such as Meta as well as state-owned companies and state ministries among its client base. The team combines administrative and constitutional law skills with data protection and antitrust expertise and represents clients in related disputes before administrative courts and cartel offices as well as before the European Court of Justice; Hans-Georg Kamann regularly acts in regulatory disputes. He also provides regulatory advice on public digitisation and cultural projects and jointly heads the practice with Martin Seyfarth, who occasionally applies his policy-related administrative expertise in legislative procedures.

Practice head(s):

Hans-Georg Kamann; Martin Seyfarth

Other key lawyers:

Vanessa Wettner; Ulrich Quack

Key clients

Aeroxon Insect Control GmbH

Deutsche Bahn AG

Hessisches Ministerium der Finanzen

Meta Platforms, Inc

Stuttgart 21

Syngenta Agro GmbH

Work highlights

  • Representation of Meta Platforms Ireland Limited in proceedings before the Federal Cartel Office and subsequently in the appeal proceedings before the Düsseldorf Higher Regional Court against the Federal Cartel Office’s prohibition decision of February 7, 2019 due to allegedly abusive data processing conditions, including handling data protection issues as co-counsel in the context of a complex, cross-court defense strategy.
  • Merger control/antitrust, state aid and public law as well as contractual advice to the Hessian Ministry of Finance in connection with the establishment of the AI ​​Quality & Testing Hub (AIQ), a joint venture between the state of Hessen and the Association of the Electrical Industry (VDE) for individually advising companies and organisations on the topic of AI quality and certification.

Public sector > State aid Tier 3

WilmerHale impresses with in-depth expertise in state aid dispute resolution, which it applies for transport, hotel and infrastructure companies in complaint proceedings and competitor actions before national and European courts. The team also assists numerous public sector players (especially state ministries) with privatisation initiatives as well as with the state aid compliant structuring of various cultural and scientific funding projects. Hans-Georg Kamann, whose expertise ranges from European state aid and antitrust law to data protection, heads the practice.

Practice head(s):

Hans-Georg Kamann

Other key lawyers:

Peter Gey

Key clients

INC SpA und Consorzio Stabile Sis SCpA

Jugendherberge Berlin Ostkreuz gGmbH

Land Hessen HMdF

Landgesellschaft Sachsen-Anhalt

Dispute resolution > Commercial litigation Tier 4

WilmerHale particularly focuses on complex civil and regulatory disputes, especially with an antitrust background, while the team also has expertise in corporate litigation as well as product liability and warranty proceedings. The practice is jointly led by Vanessa Wettner, who was recently involved in numerous civil proceedings against consumer protection associations, Stefan Ohlhoff, who is active in large cartel damages proceedings in the automotive, automotive supplier, finance and healthcare industries, and Hans-Georg Kamann, who handles antitrust, state aid and EU law litigation.

Practice head(s):

Vanessa Wettner; Stefan Ohlhoff; Hans-Georg Kamann

Key clients

Becton Dickinson B.V.

Deutsche Bahn AG

Deutsche Telekom AG

Hugo Boss

Jugendherberge Berlin Ostkreuz gGmbH

Katjes Fassin GmbH & Co KG

Meta Platforms, Inc.

OPAL Gastransport GmbH & Co. KG

Syngenta Agro GmbH

Work highlights

  • Representation of Meta in numerous proceedings, in particular regarding the GDPR and the NetzDG. Most recently, representing Meta in the so-called AppCenter proceedings before the ECJ (C-319/20), which dealt with the question of whether consumer protection associations still have the right to sue under the UWG and UKlaG to prosecute data protection violations in court even after the GDPR comes into force.
  • Advice and procedural support for Airbnb in various proceedings in various EU member states; including litigation advice on European law issues in the area of ​​e-commerce in a referral procedure initiated by an Italian court to the ECJ (C-237/21) on the question of the European law compatibility of national tax transfer and information obligations with the country of origin principle and the freedom to provide services.
  • Successful prosecution of EU-wide trademark infringement claims for Hugo Boss against one of Europe’s largest clothing discounters due to various BOSS slogans.

Industry focus > Healthcare and life sciences Tier 4

WilmerHale's team is led by Hans-Georg Kamann and focuses on regulatory issues pertaining to the pharmaceutical sector and medical devices. Kamann and Peter Gey regularly join forces in contentious proceedings for pharmaceutical and medical device companies as well as associations. Both act from Frankfurt and Brussels and advise at the interfaces with antitrust, competition and EU law. Martin Braun has data protection expertise and advises on product approvals and data transfers as well as clinical studies.

Practice head(s):

Hans-Georg Kamann

Other key lawyers:

Key clients

Becton Dickinson GmbH

Bundesverband der Pharmazeutischen Industrie (BPI)

Deutsches Hörgeräte Institut GmbH

Medtronic, Inc

Work highlights

  • Advising Becton Dickinson on, among other things, issues of competition, product liability and distribution law, including advising on disputes relating to advertising for medical devices as well as advising on procurement law issues and contract and antitrust law.
  • Advice and reports on the MDR certification of the Deutsches Hörgeräte Institut GmbH as an independent testing laboratory in accordance with Section 18 MPDG.
  • Successful defense of Medtronic in an IP litigation regarding a new product.

Compliance Tier 5

WilmerHale's German compliance practice frequently cooperates with the firm's US location on cross-border matters, including regular instructions in connection with US monitorships, where the team acts on behalf of pharmaceutical and industrial clients. Antitrust compliance, data protection and sanctions are also core areas of the team. Co-head Jan Wendler is experienced in DOJ mandates and also advises on compliance management systems and business partner due diligence; he jointly heads the practice with Christian Crones, who regularly handles complex compliance and cross-border US and EU-related matters.

Practice head(s):

Jan Wendler; Christian Crones

Testimonials

‘Outstanding know-how to manage complex issues in the interests of the company.’

‘Jan Wendler: A genius in his field. He has the talent to turn compliance into a competition advantage for companies.’

Key clients

Bilfinger SE

Fresenius Medical Care AG & Co. KGaA

Holcim

Work highlights

  • Independent compliance monitor for Fresenius Medical Care AG & Co. KGaA.
  • General compliance and sanctions law advice to Bilfinger.

Early on, WilmerHale recognized the growing political and economic significance of Berlin as the government seat of unified Germany, and in 1993 was one of the first US law firms to open an office in the capital. In 2002, the firm merged with renowned and longstanding Berlin firm Quack Rechtsanwälte, founded in 1954. Having a presence in Berlin symbolizes WilmerHale’s tradition of providing advice where law, business and policy intersect.

We offer clients legal consulting, and take political and other aspects and perceptions of public life into consideration so that our clients may optimally realize their business objectives. The lawyers in our Public Policy Group work with clients to identify, develop and execute the best strategies to defend or advance a position—whether that means anticipating and responding to fast-moving events, or working over the longer term to craft and implement legislative or regulatory solutions to complex problems.

Our Berlin team represents sophisticated, high-profile clients in contentious regulatory and antitrust matters. We are also experienced in resolving high-stakes disputes, focusing primarily on litigating and arbitrating matters that raise complex strategic, legal or factual issues and are of high importance to our clients. The group has appeared numerous times at the European Court of Justice and the Federal Supreme Courts, and regularly draws on its close links with the firm’s top-tier EU Regulatory Group in Brussels.

Advising on and investigating compliance matters is another area of focus in Germany and across the firm. Lawyers in our Frankfurt and Berlin offices are recognized as experienced leaders in the field by clients, prosecutors and other law firms.

Our clients come from a range of industries, including aviation and tourism, energy, and telecommunications. In addition, we represent both domestic and foreign companies in the fields of technology and media and transportation and logistics, as well as banks and financial services providers.

Department Name Email Telephone
Regulatory & Government Affairs and Transactional Martin Seyfarth Martin.Seyfarth@wilmerhale.com + 49 30 20 22 64 30
Photo Name Position Profile
Tobias Henn photo Tobias Henn Special Counsel
Stefan Ohlhoff photo Dr Stefan Ohlhoff Partner
Ulrich Quack photo Ulrich Quack Partner