Regulation & Government Affairs - Germany

Our German Regulation & Government Affairs (RGA) Department provides client counseling on antitrust and regulatory issues, energy and environmental law as well as public procurement, state aid and international trade matters.

The Firm’s German RGA Group has broad experience in all aspects of German and European antitrust and competition law and regularly represents clients before the German Federal Cartel Office (FCO), the EU Commission, and the German and European courts. Our lawyers provide advice on antitrust compliance, merger control and antitrust cases, abuse of a dominant position and antitrust issues of risk arbitrage, and they assist in drafting distribution and license agreements in line with German and EU competition law. The German RGA Group coordinates multinational merger control and antitrust cases in close cooperation with the lawyers in our Brussels, London and Washington, D.C. offices. Our German RGA lawyers have special expertise in providing antitrust counseling to telecommunications, media and IT clients. The German team further serves clients in the chemical, pharmaceutical, foods and beverages, electro technology, automobile, publishing and public utilities industries. Our lawyers advise in all regulated industries and regularly represent clients before the German regulator BNetzA. Our German RGA Group has special expertise in telecom regulatory counseling and frequently provides advice in partnership with members of our Telecoms, Media and Technology (TMT) Group.

In the energy sector, our German lawyers focus their practices on providing energy-trading-related advice to investment banks. In the area of environmental law, we have extensive experience in waste disposal and environmental liability issues, in particular placing on the market and disposing of electrical equipment under German and European environmental laws, including the registration with the Stiftung Elektro-Altgeräte Register. Our lawyers further provide counseling on pollution control laws, in particular the respective requirements for industrial plants.

The German RGA Group advises on all aspects of public procurement laws including counseling on formal and substantial requirements for tender procedures. Our lawyers regularly represent clients in related review procedures before administrative bodies and the German courts with a focus on IT projects in cooperation with the TMT Group. Regarding state aid and international trade issues, the German team works closely with our lawyers in our Brussels office. We advise on formal and material aspects concerning the legality of state aid and regularly represent clients before the competent national administrative bodies, the EU Commission and the competent courts in all related proceedings, including competitors’ challenge of state aid decisions and claims for return of illegally granted state aid. Regarding international trade issues, our group is extremely skilled in the representation of antidumping cases before the EU Commission and the European courts.

Germany Client Services

McDermott Will & Emery

McDermott Will and Emery