WilmerHale > Frankfurt, Germany > Firm Profile

WilmerHale
ULMENSTRASSE 37-39
60325 FRANKFURT AM MAIN
Germany

Germany > Antitrust

WilmerHale covers numerous aspects of antitrust law, with litigation, in which the practice has a strong track record, representing a clear focus for the group. The team assists clients with antitrust administration and fine proceedings, damages claims as well as with major arbitration proceedings involving antitrust issues; long-standing clients further specifically seek the practice for merger control advice. Notably, cross-office cooperation with colleagues in Brussels, the US and London also plays an important role. Berlin-based duo Ulrich Quack and Stefan Ohlhoff as well Hans-Georg Kamann in Frankfurt jointly head the team. Quack acts with a 'prudent and goal-oriented approach to authorities' while Ohlhoff and Kamann have extensive experience in antitrust tort litigation.

Other key lawyers:

Testimonials

‘Extremely focused and efficient work, excellent knowledge of the market and an excellent overview of authorities’ approval practices. Partners work themselves and don’t pass inquiries through to associates. Absolutely fair billing, unrivaled price/performance ratio!’

‘Ulrich Quack: Very good understanding of relevant economic conditions and objectives for transactions. Good ideas, prudent and goal-oriented approach to authorities and therefore able to achieve the best possible results. Exact knowledge of the specific market conditions for us.’

‘Oliver Fleischmann: First class expertise on all aspects of antitrust and merger control law. Careful and conscientious advisor with great oversight.’

Key clients

Bundesverband der Musikindustrie

Bundesverband Öffentlicher Banken Deutschlands

Cosnova GmbH

Danaher Corporation

Deutsche Bahn AG

Deutsche Telekom AG

Facebook, Inc.

Institut Straumann AG

Katjes Fassin GmbH & Co KG

Krombacher und Schweppes

MKS Instruments

TUI AG

Wintershall Dea

Wolfgang Burgard (Carlsberg Deutschland)

Work highlights

  • Defending Federal Association of Public Banks in Germany, VÖB, eV in several parallel lawsuits before the Berlin Regional Court for antitrust damages due to merchant fees for Girocard.
  • Representation of Katjes Fassin GmbH & Co KG, Krombacher Brauerei Bernhard Schadeberg GmbH & Co. KG, Schweppes Deutschland GmbH and Kondima Engelhardt GmbH & Co KG in damages claim proceedings related to the sugar cartel.
  • Representing Deutsche Bahn AG in damages claim proceedings related to the rail cartel.

Information technology > Data protection Tier 2

At WilmerHale the representation in data protection disputes takes centre stage, with the group around the renowned Martin Braun being mainly known for its participation in data protection proceedings before the European Data Protection Board, national authorities and the ECJ. In addition to Braun, Brussels-based lawyers Hans-Georg Kamann and Frédéric Louis often take the lead. The practice frequently acts for Facebook which the team recently represented in proceedings concerning user data merging before the German Federal Cartel Office.

Practice head(s):

Key clients

Facebook

Work highlights

  • Representing Facebook in German Federal Cartel Office proceedings concerning the merging of user data.
  • Representing Facebook in proceedings before the Court of Justice of the European Union and before German courts concerning fan pages.
  • Representing Facebook in proceedings regarding the so-called “like button”, currently before the Düsseldorf Higher Regional Court, after submission to the ECJ.

Public sector > Commercial administrative law Tier 2

Hans-Georg Kamann in Frankfurt and Martin Seyfarth in Berlin jointly head WilmerHale's commercial administration law team, which has particular strengths in European constitutional and administrative law, especially in relation to proceedings before the ECJ and the EuG; the team is also involved in proceedings before the European Court of Human Rights in Strasbourg. Another focus lies on interdisciplinary constitutional, special administrative and competition matters; here, the group advises international, especially US, internet companies with a special focus on data protection issues with Vanessa Wettner being a key contact with experience in contentious proceedings. The practice also offers strategic political legal advice, for example on legislative procedures.

Other key lawyers:

Key clients

Bundesverband Öffentlicher Banken Deutschlands, VÖB, e.V.

Deutsche Bahn AG / Stuttgart 21

Facebook

INC SpA und Consorzio Stabile Sis SCpA

Jugendherberge Berlin Ostkreuz gGmbH

Onyx Power

Opal Gastransport GmbH & Co. KG

Single Resolution Board (SRB)

Syngenta Agro GmbH

Work highlights

  • Advising Facebook in proceedings before the Federal Cartel Office and subsequently in the appeal proceedings before the Higher Regional Court in Düsseldorf against the Federal Cartel Office’s prohibition decision of February 7, 2019 due to allegedly abusive data processing conditions.
  • Comprehensive advice to Onyx Power in the area of public policy on the legislative process of the coal phase-out law as well as regulatory issues with regard to tenders for power plant closures and energy law issues in the event of a possible fuel conversion of the power plants.
  • Representation of the Single Resolution Board (SRB) / Landesbank Baden-Württemberg in various legal proceedings before the European courts on questions of the amount of contributions to the Single Resolution Fund.

Public sector > State aid Tier 2

WilmerHale's state aid practice is characterised by a diverse client portfolio and multi-faceted instructions: the team assists international players with large-scale projects and in Germany acts for companies and the public sector, with long-standing relationships with individual federal states standing out in particular. The group represents clients in proceedings at EU level and before national courts, but also advises on a wide range of state aid issues. A special sector focus lies on the transport industry, such as aviation and shipping, while social housing is also an increasingly important area for the practice. Frankfurt-based practice head Hans-Georg Kamann has experience in litigation and is supported, among others, by special counsel Peter Gey.

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Key clients

Bundesrepublik Deutschland – Bundesministerium für Wirtschaft und Energie

INC SpA und Consorzio Stabile Sis SCpA

Jugendherberge Berlin Ostkreuz gGmbH

Onyx Power

Work highlights

  • Representation of INC SpA and Consorzio Stabile Sis SCpA in state aid lawsuits before the EuG with high economic and political importance.
  • Advising Onyx Power in connection with a state aid complaint against the German Coal Phase-Out Act.
  • Advice on state aid law and representation of youth hostel Berlin Ostkreuz/DJHV in a fundamental case regarding German youth hostels – competitor lawsuit against German youth hostels under state aid law.

Intellectual property > Unfair competition Tier 3

Headed by Frankfurt-based Vanessa Wettner, WilmerHale specialises in extensive, strategically important contentious proceedings. The e-commerce sector generates the lion's share of the team's workload, but the group is also active in advising clients from the consumer goods, fashion and pharmaceutical industries. The team is predominantly instructed by large international corporations and routinely advises at the interface between competition law and data protection law, as well as on related consumer law aspects. Wettmer's experience in mass litigation is another strength. In a purely advisory capacity, the team assists with the clearing of advertising campaigns, licensing agreements and transactions. The group has particularly close ties with the US colleagues.

Practice head(s):

Key clients

Becton Dickinson B.V.

Bitmanagement Software GmbH

Bundesrepublik Deutschland – Bundesministerium für Wirtschaft und Energie

Medtronic

Syngenta Agro GmbH

Hugo Boss AG

Bundesinnung der Hörakustiker

Work highlights

  • Representing Facebook in numerous proceedings, in particular regarding the GDPR and the NetzDG, including numerous proceedings of particular strategic importance as they relate to essential features of Facebook, such as the fan pages, the Like button, the real name principle and the interaction between the communities that apply on Facebook standards and the specifications of the NetzDG.
  • Successful defense of Medtronic against injunctive relief claims from a brand troll known across Europe.
  • Advising Becton Dickinson on matters of competition, product liability and distribution law, in particular defense against a former sales partner’s lawsuit for compensation under Section 89b HGB and damages in the amount of around €10 million.

Dispute resolution > Commercial litigation Tier 4

WilmerHale is instructed by German and international companies in conflict situations and has particular expertise in interdisciplinary civil and regulatory disputes, often working across practices with the firm's competition, antitrust, corporate, patent and data protection teams. In the latter area, Hans-Georg Kamann is particularly adept, while Stefan Ohlhoff covers antitrust disputes; they jointly head the practice with litigator Vanessa Wettner.

Key clients

alpha beta asset management GmbH

Becton Dickinson B.V.

Bitmanagement Software GmbH

Bundesinnung der Hörgeräteakustiker (biha)

Bundesrepublik Deutschland – Bundesministerium für Wirtschaft und Energie

Bundesverband Öffentlicher Banken Deutschlands VÖB

Deutsche Bahn AG

Deutsche Lufthansa AG

Deutsche Telekom AG

Facebook

Hugo Boss

INC SpA und Consorzio Stabile Sis SCpA

Jugendherberge Berlin Ostkreuz gGmbH

Katjes Fassin GmbH & Co KG

Medtronic

OPAL Gastransport GmbH & Co. KG

Reporters Committee for Freedom of the Press

Work highlights

  • Representing Facebook in numerous proceedings, in particular regarding GDPR and NetzDG.
  • Successful defense of Medtronic against injunctive relief claims from a brand troll known across Europe.
  • Advising Becton Dickinson on matters of competition, product liability and distribution law, in particular representation against a former distribution partner’s compensation and damages claims.

Industry focus > Healthcare and life sciences Tier 4

The team at WilmerHale fields practice head Hans-Georg Kamann and special counsel Peter Gey (both active from Frankfurt and Brussels), and is thus well versed in interface matters such as data protection and antitrust law. The practice also has industry-specific know how. In addition to regulatory advice on clinical studies in the pharmaceutical and medical device sector and distribution law issues, the team also advises on certification issues for medical devices, which was of particular prominence in 2020.  

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Key clients

Becton Dickinson GmbH

Bundesverband der pharmazeutischen Industrie (BPI e.V.)

Bundesinnung der Hörgeräteakustiker – biha

Danaher Corporation

IDEXX Europe B.V.

Institut Straumann AG

Karyopharm, Inc., Karyopharm Deutschland GmbH

Novaliq GmbH

Editas Medicine, Inc.

Work highlights

  • Advising the Federal Association of the Pharmaceutical Industry eV (BPI) on international data transfers in so-called third countries and on data protection issues in clinical studies and the current enforcement practice of the German data protection authorities and the EDPB.
  • Successful defending of Medtronic, Inc. in an IP litigation regarding a new highly innovative product.
  • Advising the Federal Guild of Hearing Aid Acousticians – biha on contractual issues and the law on the advertising of medicinal products (HWG) as well as social law/reimbursement law (SGB V) for hearing systems.

Compliance Tier 5

An integrated part of the firm's global investigations and compliance practice, WilmerHale's German team particularly stands out for its experience in monitorships in the US, transactional due diligence as well as business partner due diligence. The latter is a key focus of Jan Wendler, who made partner in January 2021 and jointly heads the practice with Christian Crones. Crones focuses on commercial and corporate law issues.

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Testimonials

‘Strong US practice with significant experience in dealing with US government agencies, notably through previous engagements of some US partners within government agencies. From the point of view of German clients, the German practice acts as a valuable addition and helpful link in American proceedings.’

Key clients

Fresenius Medical Care AG & Co. KGaA

Bilfinger SE

Work highlights

  • Ongoing DOJ monitorship of Fresenius Medical Care AG & Co. KGaA.
  • General compliance and sanction law advice to Bilfinger.
PhotoNamePositionProfile
Martin Braun photoDr Martin BraunCo-Chair of WilmerHale’s Big Data Practice
Christian Crones photoDr Christian CronesPartner-in-Charge of WilmerHale’s Frankfurt Office
Peter Gey photoDr Peter GeySpecial Counsel
Hans-Georg Kamann photoProf Dr Hans-Georg KamannVice Chair of WilmerHale’s Antitrust and Competition Practice
Jan Wendler photoDr Jan WendlerPartner
Vanessa Wettner photoDr Vanessa WettnerPartner