Antitrust Law

German and European antitrust law plays a significant role for wording and negotiating contracts, in particular in the field of technology. Ignorance of the complex regulations of antitrust law bears significant risks which are widely underrated: Violating antitrust law may cause a whole contract or central parts of it to become invalid. Often, however, a severability clause carelessly included leads to the validity of the rest of the contract; this, in turn, might result in a remaining contract, for example an R & D agreement, which is economically unviable. Furthermore, there is the risk of substantial damage claims asserted by the other party and fines by the respective antitrust authority.

BARDEHLE PAGENBERG supports you in assessing your contracts from an antitrust perspective, in particular in the field of technology. Antitrust law is of particular importance for R & D, license, distribution and settlement agreements. We assist you in wording new contracts in compliance with antitrust law and in realistically assessing their risks. Besides, it may also be useful to evaluate existing contracts as to their compliance with antitrust law. The rules have changed several times in the last few years. (R & D) agreements which have been concluded in line with antitrust law years ago may meanwhile have become incompatible with antitrust law. 

BARDEHLE PAGENBERG supports you in negotiations which are relevant in terms of antitrust, such as settlement or licensing negotiations between competitors. There are several topics which the parties must not discuss. We draft blacklists for you, listing prohibited topics, and accompany you on-site to negotiations to ensure that problematic topics are not addressed. Moreover, we assist you in assessing under which circumstances market relevant conduct towards distribution partners, competitors, etc. may be considered an abuse of a dominant market position. Among other aspects, we focus on FRAND negotiations in patent infringement proceedings about standard essential patents (SEPs). In this context, there are also various antitrust-specific issues which are of particular importance. We are glad to provide you with solutions to them. An example of such an issue is whether or not several licensees which are willing to take a FRAND license from an SEP holder may exchange FRAND relevant facts out of court.

Our international network also allows us to comprehensively advise our clients regarding worldwide scenarios.

Partnerschaft mbB

Patentanwälte Rechtsanwälte

Prinzregentenplatz 7
81675 Munich

Phone: +49 89 928 05-0
Fax: +49 89 928 05-444
Email: info(at)

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Interested in our latest Antitrust Law news? Here we go.

IP News on
Patent Litigation, Licensing & Technology Transfer, Antitrust Law, IP Reports
Unreasonable counter-offer in FRAND negotiations – Mannheim District Court, judgment dated March 2, 2021 – docket no. 2 O 131/19

The Mannheim District Court applies decisions “FRAND-Einwand” and “FRAND-Einwand II” of the German…

IP News on
Patent Litigation, Licensing & Technology Transfer, Antitrust Law, IP Reports
Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20

The Düsseldorf District Court follows the guidelines of the German Federal Court of Justice (FCJ)…

IP News on
Patent Litigation, Licensing & Technology Transfer, Antitrust Law, IP Reports
FRAND-Einwand II: German Federal Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17

With its new decision FRAND-Einwand II, the German Federal Court of Justice did not only confirm its…

IP News on
Patent Litigation, Antitrust Law, IP Reports
FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17

By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court…

IP News on
Patent Prosecution, Antitrust Law
CJEU on the assessment in terms of antitrust law of pay-for-delay agreements between the holder of pharmaceutical patents and the manufacturers of generic medicines – Generics (GB), GSK et al. vs. Competition and Markets Authority

The decision has many facets and includes important statements regarding the general question of the…

IP News on
Patent Litigation, Licensing & Technology Transfer, Antitrust Law
New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court I

With the notice on handling the defense of compulsory license under antitrust law according to…

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