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Justus Herrlinger specializes in antitrust law. His practice includes cartel investigations, merger control proceedings, joint ventures and cases of abuse of a dominant position. He has more than 10 years of experience in advising and representing national and international clients in a broad variety of competition law cases. Justus Herrlinger represents clients before the Federal Cartel Office (Bundeskartellamt), the European Commission and litigates cases before civil courts. His practice also includes multi-jurisdictional merger filings in the context of cross-border M&A transactions. Moreover, Justus Herrlinger is active in various mandates in the field of online sales and selective distribution schemes. In this and other areas Justus Herrlinger provides to his clients also regular advice on a day-to-day basis.
Industries in which Justus Herrlinger gained particular experience include banking, real estate, including shopping centers, food retail, logistics, including shipping, consumer electronics and medical devices. Chambers Europe states clients are satisfied that he "always gets to the point quickly and can always figure out ways to solve our problems."
Justus Herrlinger has also worked in the Brussels and New York office of White & Case. Justus Herrlinger is visiting lecturer on corporate & business law at the Leuphana University of Lüneburg and a member of the Board of Trustees of the Institut für Wirtschaftsverfassung und Wettbewerb e. V. (FIW). Currently, Justus Herrlinger is also co-chairing the Northern regional section of the Studienvereinigung Kartellrecht e.V.
Advising US-listed The Greenbrier Companies, Inc. on a joint venture with Astra Rail Management GmbH. Both companies will merge their operational units based in Poland, Romania, Slovakia and Germany. The manufacturing, engineering and sale of railcars as well as extensive service capabilities will be bundled within the newly formed company Greenbrier-Astra Rail to strengthen and expand the business in Europe, the Gulf Cooperation Council (GCC) nations and Eurasia.
Advising DZ BANK on its merger with WGZ BANK. The merged entity started off as "DZ BANK.Die Initiativbank" on August 1, 2016 and serves as consolidated central bank for more than 1,000 corporative banks in Germany. In terms of balance sheet, the merger resulted in the third largest credit institution in Germany based on a balance sheet total of around 500 billion euros.
Advising Equens SE, one of the largest payment service providers in Europe, on a strategic business combination with the European market leader in payment and transactional services, Worldline SA. The business combination will create the new pan-European leader in payment services. In addition, Worldline SA will acquire PaySquare, the commercial acquiring subsidiary of Equens. The transaction is subject to regulatory and antitrust authorities' approvals.
Representing EDEKA, a leading food retail company in Germany, in various merger control proceedings before the Federal Cartel Office, inclusive the recent acquisition of Kaiser's Tengelmann.
Representing Vattenfall Europe New Energy GmbH in merger control proceedings in its sale of majority stakes in two waste incineration plants in Hamburg to the municipal waste disposal company (Stadtreinigung Hamburg).
Representation of PATRIZIA Alternative Investments GmbH (PAI) in connection with two portfolio transactions acquiring retail assets for a special regulated funds. The total deal volume comprises approximately EUR 500 million at total. Our advice combined all aspects of the transactions, including real estate, M&A, corporate, tax structure and regulatory aspects, antitrust and bank finance.
Advised an international consortium consisting of Allianz Capital Partners, Borealis Infrastructure Management Inc., Infinity Investments SA and MEAG on its acquisition of Autobahn Tank & Rast GmbH, the German motorway services company.
To the questionable limitation of the compliant in merger cases. Comment on the decision of the Higher Regional Court of Düsseldorf (Beschl. v. 5.2.2014, VI-Kart 3/13 (V)), WuW, Issue 07/08, pp. 698 – 704, 2014
To the interpretation of 'restriction of customer group' in Art. 4 lit. b Vertikal-GVO, NZKart, Issue 3, pp. 92 – 95, 2014, (Zur Auslegung der ,Beschränkung der Kundengruppe' in Art. 4 lit. b Vertikal-GVO)
From 'Springer/ProSieben' to 'Total/OMV': The case law of the Federal Court on the issue when the plaintiff would have an interest in establishing a related series of violations, WuW, Issue 4, pp. 332 – 343, 2013
Comment on latest decision of the Higher Regional Court of Karlsruhe regarding the requirements of the compulsory license defense in standard-essential patent infringement cases (Grenzen der kartellrechtlichen Zwangslizenzierungspflicht), GRUR, Issue 7, pp. 736 – 741, 2012
Antitrust administrative offence proceedings between code of criminal procedure and principle of opportunity (Das Kartellordnungswidrigkeitenverfahren zwischen Strafprozessordnung und Opportunitätsprinzip), ZWeR, Issue 2, p. 137 et seqq., 2012