Dr. Justus Herrlinger

Partner, Hamburg

Biography

“A client admires his dedication, stating: ‘He is really a fighter, he never gives up.’”
Chambers Global, 2018

Overview

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.

Bars and Courts
Rechtsanwalt, Regional Court of Hamburg
Education
Second State Exam
Higher Regional Court of Rostock
Dr jur
University of Munich
First State Exam
Ludwig-Maximilians-University Munich
Languages
English
German

Experience

Verdane
Merger control advice to Verdane regarding an agreement to increase its investment to become the new majority owner of recommerce provider momox.

Nordic Capital
Advised Nordic Capital on merger control aspects in the proposed acquisition of iLOQ from Sievi Capital and other shareholders.

ARDIAN
Merger control advice to ARDIAN in relation to the acquisition of a majority stake in Saal Digital.

Altor
Advised Altor on merger control aspects of the acquisition of Thomas Cook Northern Europe by a consortium of Altor, Strawberry and TDR Capital.

Acquisition of Abraservice Holding by SSAB
Advised the Swedish steel group SSAB on merger control proceedings for the acquisition of Abraservice Holding, a subsidiary of Jacquet Metal Service, a European leader in the distribution of specialty steels.

Acquisition of Genesee & Wyoming Inc. by Brookfield Infrastructure and GIC
Advised a consortium composed of Brookfield Infrastructure and its institutional partners and GIC on merger control proceedings for the US$8.4 billion acquisition of Genesee & Wyoming Inc. G&W owns or leases 120 freight railroads organized in eight locally managed operating regions with approximately 8,000 employees serving 3,000 customers.

Outbrain Inc.
Advising Outbrain Inc. (Outbrain) on the acquisition of the native advertising provider Ligatus GmbH (Ligatus).

Faurecia
Competition law advice on merger filings in Germany and Poland for a joint venture with another specialized supplier for major production assignments in the field of exhaust systems.

Food retail company
Representing one regional division of the leading food retailer in Germany in competition law offence proceedings against a multi-million fine on charges of alleged vertical price-fixing.

DMK Group
Advising DMK Group, one of the largest domestic dairy producer, on various international cooperation projects, including joint production agreements with other European producers.

Global consumer electronics company
Advising a leading international consumer electronics group in one of the first consumer protection sector inquiries of the Federal Cartel Office.

Battery Ventures
Advising the global investment firm Battery Ventures in various acquisitions on merger control and competition law aspects.

DZ Bank AG
Merger control advice on DZ BANK’s acquisition of the electronic payments provider Cardprocess.

First Data Corporation
Advising First Data on competition law aspects for various projects, in particular cooperation agreements and distribution.

Triton
Merger control advice in connection with an add-on acquisition of a special construction business from Bilfinger Group by Triton’s portfolio company Equos.

Arcelor Mittal
Representing Arcelor Mittal in merger control proceedings relating to its sale of its electrical steel business in the Czech Republic to Stalprodukt.

Unilever Deutschland GmbH
Advising the client in negotiations with leading German food retailer

STEAG
Advising STEAG GmbH on the sale of 49 percent of the shares in its wind farm portfolio in France to an infrastructure fund of Allianz Global Investors. STEAG remains majority shareholder with 51 percent and continues to be responsible for commercial and technical management.

The Greenbrier Companies, Inc.
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.

DZ BANK/WGZ BANK
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.

Equens SE
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.

EDEKA
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.

Vattenfall Europe New Energy GmbH
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).

PATRIZIA Alternative Investments GmbH (PAI)
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.

Investor consortium of Allianz Capital Partners, Borealis Infrastructure Management Inc., Infinity Investments SA and MEAG
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.

Publications

Antitrust Law, in: Cyber-Security Legal Handbook (Rechtshandbuch Cyber-Security), Gabel/Heinrich/Kiefner (Eds.), Frankfurt am Main, 2019, pp. 229-244

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

Awards and Recognition

Highly Recommended Lawyer, JUVE 2017/2018/2019
Antitrust Law

Highly Recommended Lawyer, Best Lawyers/Handelsblatt, 2019: Antitrust/Competition Law

Leading Individual, Chambers Europe, Germany 2018/2019
Competition/European Law

Chambers Global, 2018 
"A client admires his dedication, stating: 'He is really a fighter, he never gives up.'"