Tim Schaper

Head of Antitrust and Competition Germany
Norton Rose Fulbright LLP

Hamburg T:+49 (40) 970799188

Tim Schaper

Dr Tim Schaper is a competition lawyer based in Hamburg. He advises national and multinational clients on German and European competition law.

Tim's practice focuses on advising clients on cartel investigations, abuse-of-dominance cases and merger control proceedings before the German Federal Cartel Office and the European Commission. Tim also focuses on representing clients in cartel damages proceedings before German courts and advises clients on foreign investment control procedures before the Federal Ministry for Economic Affairs and Climate Action.

He provides competition law advice on horizontal co-operations and on vertical distribution and supply agreements. Tim's practice also includes cross-practice advice on complex questions relating to the thematic interface of IP and antitrust law, such as advising on technology transfer research and development agreements.

Tim develops and designs customized and cost-effective compliance programs, including competition law compliance training sessions and audits.

Prior to joining us at the beginning of 2016, Tim worked in the competition law practices of leading international law firms in Düsseldorf and Hamburg.

Professional experience

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Education

Tim has studied law at the University of Goettingen and abroad at the University of Leiden in the Netherlands.

He holds a doctoral degree from the University of Goettingen.

Admissions

Rechtsanwalt

Representative experience

Advising:

Clients in cartel proceedings of the German Federal Cartel Office and the European Commission across various industry sectors, including agricultural wholesale, plastic chemicals, automotive car parts, container trucking and foodstuffs
Clients in complex merger control proceedings, including:
- Mann+Hummel - on the sale of its non-filtration business
- Nomad Foods Ltd - on various acquisitions of competitors
- Brookfield - on the acquisition of Sunovis GmbH
- MTG - on its sale of ESL Gaming to Savvy Gaming Group
- Sandvik - on its acquisition of DSI Underground
- German insurers - setting up a joint venture offering company pension schemes
- CAE - on the acquisition of Lockheed Martin's flight simulator division
Clients on internal antitrust audits, joint ventures, R&D sales- and purchasing-cooperations

Rankings and recognitions

GCR - Who's Who Legal: Competition law

· Ranked as 'Competition Future Leader' since 2019

The Legal 500 Germany

· Recognized in 2021 in the category 'Competition / Antitrust' - praised for his "pragmatic, technically excellent and factually convincing" advice and refers to him as "very reliable and professional" as well as "very responsive and extremely committed"

WirtschaftsWoche/Handelsblatt Research Institute (HRI) – TOP Law Firms in Germany

· Ranked as leading lawyer for Competition / Antitrust Law in 2018 and since 2020

Handelsblatt/Best Lawyers

· Ranked as leading lawyer for Competition / Antitrust Law in editions for 2021, 2022 and 2023

JUVE Awards 2019

· Norton Rose Fulbright LLP nominated for category "Antitrust Law Firm of the Year" in 2019

Publications

· Children are liable for their parents – ECJ strengthens rights of cartel victims, in Börsen-Zeitung, edition 220, 13 November 2021

· Latest trends in merger control in the EU (together with Marta Giner Asins), Webinar, 11/2021

· Foreign investment control in Germany: New challenges for companies, 05/2021

· German Federal Supreme Court: Narrow best-price clauses applied by Booking.com in Germany breach EU competition law, 05/2021

· Nothing but the truth: Sigma-Aldrich fined for providing incorrect/misleading information to the European Commission, 05/2021

· A joint statement on mergers: Insights from the UK, Germany and Australia, 04/2021

· NRF Compliance-Talk: Joint Ventures und Kartellrecht, Video, 04/2021

· Munich Regional Court rules: Unhealthy alliance between Google and the German Government in breach of competition law, 02/2021

· Far-reaching changes to German antitrust law – 10^th ARC amendment adopted, 01/2021 (together with Michael-Jürgen Werner)

· Germany's Federal Supreme Court provisionally confirms alleged abuse of dominant market position by Facebook, 06/2020

· Pay-for-delay – the next chapter: Advocate General Kokott recommends that the European Court of Justice should uphold the fine against Lundbeck, in Newsdienst Compliance, edition 6/2020

· COVID-19 pandemic: To save competition – rethinking exceptions to the ban on cartels, in Newsdienst Compliance, edition 4/2020

· ECJ on the requirement of public distancing from a cartel, review of ECJ, decision of 28 November 2019 (case C-596/18 P), in Newsdienst Compliance, edition 2/2020

· Draft bill for the 10^th Amendment of the German Act against Restraints of Competition, in Newsdienst Compliance, edition 12/2019

· Privacy, personal data and antitrust: Germany's Facebook case, Video, 10/2019

· Higher Regional Court considers narrow best price clause in hotel booking sector to be in line with competition law requirements, review of OLG Düsseldorf, decision of 4 June 2019 (case VI-Kart 2/16(V)), Newsdienst Compliance, edition 7/2019

· Judgment of the ECJ regarding questions over the parallel use of the EU-legislative definition of an 'undertaking' in antitrust fining and damages proceedings, review of ECJ, decision of 14 March 2019 (case C-724/17) Newsdienst Compliance, edition 03/2019

· Cartel members facing impending stricter liability – the Advocate General of the ECJ pleads for a more effective enforcement of damages, Interview in Börsen-Zeitung, edition 43, 2 March 2019

· EGC asked to re-examine the antitrust fine against Infineon, review of ECJ, decision of 26 September 2018 (case C-99/17), Newsdienst Compliance, edition 10/2018

· ECJ specifies the standards of discrimination of a trade partner in competition within the meaning of Art. 102 (2) (c) TFEU by a market-dominating company, review of ECJ, judgment of 19 April 2018 (case C-525/16), Newsdienst Compliance, edition 4/2018

· After the ECJ's Coty ruling: BGH specifies requirements for the design of selective distribution systems via the Internet and strengthens the Federal Cartel Office, 01/2018

· ECJ approves the use of selective distribution systems to protect luxury images of products in Coty decision, 12/2017

· German competition law update: New revised act against restraints of competition entered into force, 05/2017

· Merger control reform: capturing transactions in the digital markets, 11/2016

· Judgment of the ECJ regarding the illegality of the German price fixing for prescription drugs of the human medicine, review of ECJ, judgment of 19 October 2016 (case C-148/15), Newsdienst Compliance, edition 11/2016

· Co-author with Dr Maxim Kleine, Getting the Deal Through, Pharmaceutical Antitrust Germany, 2016 and 2017

· Co-author with Dr Florian Haus, The AMNOG reform; changes to the competition law rules in the German health sector, ZWeR 2011, page 48

· Challenges under constitutional law arising from the transfer of sovereign rights to create a single body of European criminal law, Univ. Diss, Duncker & Humblot, 2009

Publications

Nexperia and Elmos cases show how the US-China chip war is spilling over to Europe | CNN Business