In the area of distribution and franchising law, FPS advises both authorised dealers, such as major car distributors, as well as car manufacturers. We also assist brand manufacturers in the luxury goods, fashion and food segments as well as in the restaurant, hotel and retail sectors. We draft contracts for both franchisers and franchisees. FPS has excellent industry contacts and provides support for foreign franchise systems on the German market.

If our clients want to know which distribution requirements need to be met as a manufacturer, service provider or software developer, if they want to work on projects with third parties where there are dual-use issues or specific reportable items, we are on hand to assist them. We have extensive experience in dealing with the authorities and, in addition to merger control, we may also be able to obtain approval from the Ministry of Economic Affairs and Climate Action for inbound investment. For outbound business matters, we work with our network and find solutions for the approval of purchases abroad.

We help our clients to assert claims for damages under antitrust law. Our team has considerable experience in pursuing claims for damages and regularly works with economists. We are also on hand to defend against claims for damages as a result of a ruling made on the basis of antitrust law. In doing so, we regularly work with the relevant litigation teams at FPS.

The FPS team has extensive experience in dealing with every stage of merger control proceedings, including defending against any third-party attacks on approvals in court. Should the need arise, we also use our global network to coordinate international notifications (multi-jurisdictional analysis and support) as well as any antitrust defence – cartels often spread across borders.

Swift and pragmatic: FPS offers a comprehensive consulting concept in the area of compliance in order to ensure compliance with antitrust law within companies. Anyone who suspects a compliance issue can count on our expertise. We highlight possible solutions and have experience in using electronic equipment and forensic software – with the aim of averting any potential negative effects for our clients or the company concerned.

We offer facilitation products – such as an emergency hotline, training and preparation courses, and mini-audits – and we are on hand to support compliance officers as well as operators of whistle-blower hotlines.

We regularly represent clients in antitrust and penalty proceedings before national and international competition authorities, including the Bundeskartellamt and the European Commission, and assist them in the event of infringements in penalty proceedings, starting with preparatory work to avoid infringements by establishing functioning compliance systems through to preparations prior to antitrust searches. Risks or potential requirements are identified in advance of any transactions and bidding processes and – whenever possible – solutions are provided.

We possess particular expertise in the area of product stewardship. Our lawyers have established dual systems for the responsible disposal of e-waste and batteries and have also set up industry systems. We are on hand with our practical experience when it comes to handling disputes with the Central Agency Packaging Register, achieving efficiencies in the area of packaging disposal and meeting obligations as a distributor and retailer, but particularly in all matters at the point where the circular economy and antitrust law intersect.

The new regulations governing artificial intelligence, the opportunities afforded by the Green Deal, the increasing importance of foreign trade law and investment control, and the additional requirements laid down by the Subsidy Directive – it is essential to be in the picture at all times and meet the generally increasing requirements. We draw on our extensive experience to help our clients find pragmatic solutions, draft contracts covering distribution aspects of antitrust law and manage cooperation partnerships.

Practically all major projects are now subject to complex environmental standards and requirements. Compliance with them is mandatory, which sometimes makes it difficult to realise such projects. The corresponding permits satisfy both the legally standardised environmental concerns and the economic interests of the investor. We have considerable expertise in managing this ever-changing legal matter and dealing with the regulations in the course of the necessary official procedures. In addition, we advise plant operators in the field of emissions trading. We work with associations to actively shape emissions trading law and help to provide feedback on the Greenhouse Gas Emissions Trading Act (TEHG). Our influence on the normative area of this legal field enables us to find efficient solutions that can be quickly put into practice.

We specialise in dealing with antitrust issues involving distribution, cooperation with competitors, market positioning, IP, research and development. Our tailored solutions within the framework of antitrust law ensure the success of our clients. Boasting good contacts with authorities, we offer additional peace of mind and represent our clients’ interests before national and international competition authorities, including the Bundeskartellamt and the EU Commission. Our range of expertise covers price fixing, cartel bans, abuse of market power and merger control. At local and international level, we provide effective advice, support our clients in matters concerning foreign trade law and coordinate notifications using our excellent connections to authorities.

In the field of energy law, we represent clients across all areas of the energy industry, in particular those who operate in the electricity, gas and (district) heating sectors. We advise energy supply companies, project developers, power plant operators, industrial companies and municipalities on all energy management matters. Our lawyers work together in interdisciplinary teams and offer comprehensive advice that also takes into account aspects of corporate, antitrust, public procurement, civil and employment law. If necessary, we bring in energy industry consultants as cooperation partners.