Dr. Joerg Witting

As a partner in our Düsseldorf office, I lead our German competition law practice, specialising in IP-related competition law, competition law litigation and distribution-focused competition law.

With more than 20 years' experience in EU and competition law, including EU state aid law, and anti-trust litigation, I advise clients with a focus on IP-related competition law, private enforcement, licence and distribution agreements, and in the area of German and EU merger control. I regularly represent clients in proceedings before the German and European competition authorities and courts, advise on discriminatory practices and conduct compliance programmes at clients'.

My particular expertise is at the intersection between IP and competition law, where I represent clients in patent infringement proceedings, provide expert advice in the area of technical standardisation and advice clients on complex patent and trade mark licensing and cooperation agreements. The strong IP focus of my practice allowed my team to gain comprehensive insight into very IPR-specific strategies and proceedings leading to a market-leading expertise in applying competition law in this context.

Our comprehensive forensic experience at the intersection to IP over the years helped me build up significant expertise as a litigator not only in IP-related litigation but also in cartel damage claims proceedings and general antitrust disputes. I have represented both national and international clients and the public sector in a large number of proceedings before regional courts, higher regional courts, the Federal Supreme Court and the European Court of Justice. In recent years, I have won several important landmark decisions before the Federal Court of Justice and the European Court of Justice.

In EU state aid law, I have particular experience in rescue and restructuring projects, privatisation of public enterprises, infrastructure and special aspects of the public banking sector.

Clients I act for include both national and major international players in the technology and communications sector (such as the mobile phone, personal computer and digital entertainment and semi-conductor industries), large automotive, retail and consumer and pharma companies, public entities in the healthcare sector as well as the German Federal Government.

Today, I publish regularly on EU and competition law, am co-author of 'Kartell- und regulierungsbehördliche Ermittlungen im Unternehmen und Risikomanagement' (reference book on cartel investigations and risk management for undertakings) and have contributed to various leading publications in the area of competition and anti-trust law.

I am a member of Studienvereinigung Kartellrecht e.V., the German association of leading competition law experts, and of GRUR, the German Association for Intellectual Property Rights and Copyright.

Before joining our firm in 2005 I worked in the competition law practice of a major global law firm in its Düsseldorf and Brussels offices.

• Huawei Technologies Co Ltd: Advising and representing in patent disputes against MPEG LA and several plaintiffs in parallel proceedings pending before various different chambers of the District Court Düsseldorf.
• Cybex: Advising and representing in several competition law matters regarding the distribution of the client's trademark products, including advice on selective distribution.
• DALLI-WERKE GmbH & Co. KG: Advice on merger control regarding the acquisition of a detergent brands portfolio from Procter & Gamble, including merger control proceedings in Germany and the coordination of notification requirements in several legal systems; Merger control advice in relation to potential takeovers.
• Blutspendedienst des Bayerischen Roten Kreuzes gGmbH (blood donor services of the Bavarian Red Cross): Advice on competition law aspects and representation in second-phase merger control proceedings before the German Federal Cartel Office regarding the acquisition of the blood donor services of the municipal clinic of Munich (published decision of the BKartA B3-191/15 dating from 3 March 2016).
• auric Hörsysteme GmbH & Co. KG: Representing in cartel law damage law proceedings against Bundesinnung für Hörgeräteakustiker – national guild of hearing care professionals. Follow-on case based on the decision of the German Federal Cartel Office concerning the abuse of a dominant position.
• Nokia: Advising on FRAND aspects in a patent law dispute with Apple.
• Manufacturer of reverse vending machines: Competition law advice and complaint against DPG, Deutsche Pfandsystem GmbH – the company providing the nationwide organisational framework for managing deposits on drinks packaging. The Federal Cartel Office stepped in successfully with a view to allowing our client to produce "read-out units" for use within the nationwide DPG system.
• Bayerischer Rundfunk (regional Bavarian public service broadcaster) on behalf of ARD (Federal union of public service broadcaster): Representing Bayerischer Rundfunk before the German Federal Cartel Office regarding the acquisition of media rights for the German Federal football league and as a third-party intervenor in the appeal proceedings Sky v. the Federal Cartel Office before the Higher Regional Court Düsseldorf.
• L'Occitane: Ongoing provision of distribution-related cartel law advice.
• City of Düsseldorf v. thyssenkrupp: Representing the city of Düsseldorf in asserting competition law damages claims against thyssenkrupp based on the escalator cartel.
• international retail company: Representing before the German Federal Cartel Office regarding online distribution, namely a third-party platform ban within a selective distribution system. Pivotal proceedings regarding the application of competition law to online distribution practices such as platform bans, google adwords and search engine optimisation.