René Grafunder

Practice Areas

Dr. René Grafunder is a partner in Dentons’ Frankfurt office and Co-Head of the Competition and Antitrust group in Germany. He advises clients on EU and German competition matters, including merger control, compliance and state aid. René has substantial experience dealing with cartel, abuse and merger control proceedings before European and national competition authorities and courts. His comprehensive sector expertise in particular covers health care and life sciences, banking, postal services as well as manufacturing. René is a lecturer on EU Competition Law at the DeutscheAnwaltAkademie and the University of Potsdam. He regularly publishes on EU and national competition matters. Before joining Dentons, he worked for another leading law firm in Düsseldorf, Brussels and Beijing. René studied in Potsdam, Paris and Freiburg as well as at the College of Europe in Bruges and clerked at the German Federal Cartel Office.

Career

Before joining Dentons, René worked for Linklaters in Düsseldorf, Brussels and Beijing. René studied in Potsdam, Paris and Freiburg (where he obtained his doctorate) as well as at the College of Europe in Bruges (LL.M. with option European Law and Economic Analysis).

Professional Memberships

René is a member of the Studienvereinigung Kartellrecht and the Competition Litigation Forum as well as a lecturer of DeutscheAnwaltAkademie and a regular speaker at competition law events.

Publications

René regularly publishes on EU and German competition matters, including retail price maintenance, leniency regimes, gun-jumping and cartel settlements. He is one of the authors of the “Handbook on Private Cartel Damage Claims.”

Articles:

Co-author, “The assessment of vertical price fixing by the German Federal Cartel Office and the Austrian Federal Competition Authority” (in German), NZKart, 2018

“Merger Control Germany”, Chambers Global Practice Guide, 2018

“Gun-jumping – antitrust pre-closing risks and how to avoid them,” Dentons Client Alert, 2017

“Update on antitrust restrictions and options in relation to the distribution of brand products,” (in German), Handelsblatt Rechtsboard, 2018

Co-author, “The Intel Case – Facts do matter!,” Dentons Client Alert, 2017

“ECJ on relation between different leniency programs in the EU“ (in German), Der Betrieb, 2016

Co-author, “Validity of the acquisition of shares despite antitrust law violations” (in German), Entscheidungen zum Wirtschaftsrecht, 2015

“’No poaching’: Non-solicitation under EU and German antitrust rules” (in German), Handelsblatt Rechtsboard, 2015

Co-author, “The Federal Cartel Office’s guideline on settlements” (in German), Betriebs-Berater, 2015

Co-author, “Reducing bureaucracy in China is a long time coming” (in German), Börsen-Zeitung, 2013

Co-author, “No clarity provided – European Courts review the concept of indirect State aid,” European State Aid Law Review, 2012

Co-author, “Judgment review regarding protection of third parties against state aid decisions” (in German), European Competition Law Review, 2011

Co-author, “State aid and the financial crisis – quo vadis European banks?”, Financier Worldwide, 2010

Personal

René is a proud father of two children and currently learning Turkish.

Experience

FUNKE MEDIENGRUPPE: Advising FUNKE MEDIENGRUPPE on a cooperation between the Berlin daily newspapers Tagesspiegel and Berliner Morgenpost.

Silgan: Advising on antitrust proceedings in the area of metal packaging, which were initiated by the German Federal Cartel Office in 2015, transferred to the European Commission in 2018 and concluded with a settlement in 2022, as well as on related EU court proceedings.

Japanese brand manufacturer: Advising on retail price maintenance proceedings before the Federal Cartel Office as well as regarding various distribution related topics.

Different companies: Advising on cartel proceedings regarding “sausages,” “food retailing” and “heat exchangers” (Federal Cartel Office) as well as “window fittings” (European Commission).

AMEOS and Sana Kliniken: Advising on a Phase 2 merger control proceeding before the Federal Cartel Office.

ALBA: Advising a third-party intervener in a Phase 2 merger control proceeding before the Federal Cartel Office and the appeal proceedings regarding the proposed takeover of DSD by Remondis.

Flex (formerly Flextronics): Advising on merger control questions and conducting the related proceedings in various jurisdictions regarding different projects, e.g. the creation of YTWO Formative, a transformative joint venture with RIB Software offering a global cloud-based software solution for the building and housing industries, and the acquisition of AGM Automotive, a leading global supplier of automotive interior components and systems.

Mobisol: Advising Mobisol, a manufacturer of solar systems, on merger control aspects of the takeover by the French energy supplier ENGIE.

Deutsche Post DHL: Advising on merger control aspects of the sale of Williams Lea Tag to Advent as well as on different court proceedings (alleged abuses of a dominant position), transactions and abuse proceedings (Federal Cartel Office).

Superior Essex: Advising on merger control process incl. filings in Germany and Poland regarding its joint venture with Furukawa Electric for new high performance cables used in electric cars.

Pharmacy association: Advising on private antitrust litigation in relation to flu vaccinations.

Shipping operator: Advising on private damage claims litigation regarding excessive prices for fuel.

Fresenius Medical Care: Advising on different transactions and antitrust matters.

Bitkom e.V.: Advising on competition law questions regarding Bitkom’s Digital City competition, a milestone project providing the winning city with the latest digital technology in the fields of telecommunication, mobility, energy, government, health, education, trade, security and community.

Deutscher Sparkassen- und Giroverband (German Savings Banks Association, DSGV): Providing EU State Aid advice in relation to the sale of HSH Nordbank to private investors as required by the European Commission as well as in relation to potential support measures in favor of NordLB.

Hypo Real Estate: Advising on state aid proceedings led by the European Commission and in related court proceedings in Germany.

GoodMills: Advising on two transactions regarding industrial and household flour in Phase 2 proceedings before the Federal Cartel Office.

Deutsche Bahn: Advising on EU court proceedings regarding European Commission inspections.

Compañía Sud Americana de Vapores (CSAV): Advising on merger control proceedings (e.g. European Commission) regarding the combination of its container shipping business with Hapag-Lloyd.

Lixil: Advising on merger control proceedings (e.g. European Commission) regarding the acquisition of Grohe.

Wuhan Iron and Steel Corporation (WISCO): Advising on merger control proceedings regarding the acquisition of ThyssenKrupp‘s tailored blanks business.

Glencore: Advising on international merger control proceedings (in particular China) on its acquisitions of Xstrata and Viterra.