COMPLIANCE & RIGHT · TREATY
Antitrust risks often arise in everyday business situations: at the association meeting, in conversation with competitors, in joint projects or in sales contracts. We support companies in distinguishing between legitimate cooperation and restrictive behaviour and in creating clear rules for everyday business.
Typical risk situations
- Competitors exchange views on future prices, discounts, costs, capacities or customers.
- Distribution contracts contain requirements for resale prices, areas or online sales.
- Companies are planning a purchasing cooperation, a joint offer or a research cooperation.
- In the context of a company purchase, sensitive information between competitors is to be disclosed.
- A cartel authority requires information or conducts a search.
What do GWB and European antitrust rules prohibit?
§ 1 GWB and – if its conditions are met – Art. 101 TFEU cover restrictive agreements, decisions of associations of undertakings and concerted practices. A signed contract is not required for this. Informal agreements or coordination via third parties may also be relevant. The classification depends on the content, market environment and behaviour of the parties concerned.
Not every cooperation is prohibited. However, exemptions and exemptions have concrete conditions. Whether a block exemption regulation or an individual exemption applies must be assessed on the basis of the project. The reference to small enterprise size or a long-standing industry practice does not replace this test. For dominant and certain high-market companies, additional obligations of conduct are added.
Competitive contacts and information exchange
Individualised information on future market behaviour is particularly sensitive. Even historical or aggregated information is not automatically safe; it is crucial, among other things, to be up-to-date, detailed, market concentration and traceability for individual companies. Associations and digital platforms can facilitate exchanges, but do not create an exemption under antitrust law.
For meetings, agendas and admissible topics should be established. If an inadmissible issue arises, a clear contradiction, if any, will be the departure of the discussion and timely documentation will be appropriate responses. The next step will be coordinated with the competent body. A mere internal detachment after the meeting can be insufficient.
Distribution contracts and transactions
In the case of dealer and platform contracts, we check price bindings, area and customer restrictions, online sales and information flows in particular. In the case of business purchases, a graduated information concept and a demarcated circle of persons entitled to access may be required. Competitors may not coordinate their business prematurely; in addition, merger control obligations may exist.
Preparation for official action
A search guide should include reception, management, IT and legal department. Responsibilities and reachable contacts must be known. Official measures must not be hindered and documents must not be destroyed or altered. At the same time, the scope, legal basis and data concerned as well as rights of expression and defence must be examined in an orderly manner. A simulated search can help to practice processes under realistic conditions.
Our services and work results
- Antitrust risk analysis for sales, purchasing, associations and cooperations.
- Examination and revision of distribution contracts and cooperation agreements.
- Guidelines for competition contacts, exchange of information and association activities.
- Legal design of information concepts for transactions.
- Training with industry-related case studies and government contact exercises.
- Advice in case of suspected cases and official inquiries within the agreed mandate.
Common questions
Are non-binding price talks unproblematic?
Nope. Even a conversation without an explicit commitment can reduce uncertainty about future market behaviour and be relevant to competition law. Content and circumstances are crucial.
Can we observe publicly available prices?
Independent market monitoring must be distinguished from coordination with competitors. If data are collected, passed on or used for the coordination of behaviour, a separate examination is required.
Is it permissible to make a joint offer?
This can be allowed, for example if companies cannot carry out the project on their own. The conditions depend on the individual case. It is particularly important to examine whether the parties could otherwise make competing offers on their own.
What to do with a concrete suspicion?
Secure relevant documents in an orderly manner and limit the range of information. Avoid uncoordinated contacts with competitors. Whether cooperation with authorities or a leniency application is useful must be examined immediately and on the basis of the concrete situation.
Legal basis and further official information
Legal status: 1 November 2026. The classification of concrete facts requires an examination of the applicable regulations and circumstances.
Related topics and next steps
- Corruption and conflicts of interest
- Internal investigations
- Compliance for SMEs
- Training and workshops
Request advice on the contact page. Briefly describe your request and, if necessary, specify existing deadlines. Scope and remuneration will be agreed prior to commissioning.
Four practical examples
The following fictitious cases illustrate typical examination questions. The concrete solution depends on the circumstances of the individual case.
01 · Conversation at the Association Meeting
A competitor talks about planned price increases. Employees terminate the participation, document the process and report it internally; the further reaction depends on content and circumstances.
02 · Customer data in the joint project
Cooperation partners want to exchange current individual prices. Before data exchange, necessity, competitive relationship and possible shielding are checked by a clean team.
03 · Prices for dealers
A manufacturer wants to impose binding minimum selling prices. Contractual clause and practical means of printing are examined under antitrust law; a requirement referred to as a recommendation can indeed be binding.
04 · Suspects of offer agreements
After an invitation to tender, unusual contacts appear. Evidence will be secured and possible procedural options, including cooperation, will be evaluated promptly.
Your next step
Do you want to transfer the requirements to your company or have a specific process checked? A brief description and a reference to existing deadlines are sufficient for the first contact. We shall vote on the scope of examination and compensation prior to commissioning.