Schalast | Cooperation projects

Collaborations (between competitors) are multifaceted and require specific advice: companies can only work together in purchasing and/or sales or in the context of production or marketing. The key to the question of admissibility under antitrust law is to determine whether two companies can be classified as (potential or actual) competitors at all. Self-perception does not necessarily have to coincide with the classification of the term competitor under antitrust law. This is because this depends on the determination of the relevant market. Depending on the product or geographical market definition, two companies may not even qualify as competitors in certain sub-segments, even though they are directly opposed to each other in other segments. We would be happy to go through these considerations with you in order to identify and utilise the potential in the cooperation with competitors. 

In particular, production, purchasing or sales cooperations can be useful for companies to create synergies because the size of the company often determines which conditions are granted by third parties. Here, the need-to-know principle is of great importance. Just as much competitively sensitive information should always be exchanged as is necessary to achieve the antitrust-neutral objective.

Research and development agreements are used to regulate cooperations between two or more companies in the field of research and development. R&D covers various forms of cooperation, ranging from contract research to joint R&D in the sense of a cooperation to the establishment of joint ventures between the parties involved. Such agreements are not only concluded between competitors but can also be concluded vertically with a supplier. External R&D facilities are often also involved in the projects. This involves in particular, but not only, issues such as the provision of know-how or the use of human and financial resources to jointly develop a product. We work closely with our IP practice group to provide you and your company with the best possible support. We always keep an eye on the intricacies of the EU Block Exemption Regulation on Research & Development.

Another major area of advice is the structuring of (bidding) consortia in compliance with antitrust law, e.g. in the context of procurement procedures on the part of the contracting authority or the bidders participating in a (public) tender. This involves, for example, the question of how many of the tendered services could also be provided by a company without the consortium, or whether the consortium enables the companies to submit a bid in the first place. There is also a particular need for advice in this regard with regard to the question of the admissibility of the exchange of information within affiliated companies under antitrust and public procurement law. Here we work closely with Markus Ruhmann and his team.

We also advise on cross-border cooperations and work closely with our Multilaw network.