Mag. Gerhard Fussenegger LL.M. (London)

Partner (Brussels, Vienna)
gerhard.fussenegger@bpv-huegel.com

Gerhard Fussenegger specialises in European and Austrian competition law.

Mandates
Gerhard has been advising national and international companies for over 15 years and has extensive experience in Austrian and European antitrust law (Antitrust, Merger Control and Market Dominance) and distribution law and FDI (Foreign Direct Investments) approvals.

Selected mandates include:

  • Austria / EU Merger Control: Representation of numerous companies and PE investors in merger control proceedings in Austria (e.g. Cargo Partner, Axel Springer, Carl Zeiss Group, Deutsche Würth Group, ArchiMed, Gilde Funds BW, BC Partners, Equistone, Eurazeo, Generali Financial Holdings) and in the EU (e.g. RWA Raiffeisen Ware Austria Aktiengesellschaft, Raiffeisen Group / Comparex).
  • Cartels: Defence in cartel proceedings of the Austrian Federal Competition Authority, the European Commission and the EU Courts. E.g., in Austria, “school bags”, “liquid gas”, “groupage traffic” and in front of the Commission / EU Courts: C-757/21 P – Nichicon; C-681/11 – Schenker & Co; T-418/10 – voestalpine.
  • FDI / Foreign Direct Investment: Representation of foreign direct investors in approval proceedings before the Austrian Federal Ministry of Labour and Economic Affairs (“BMAW”) under the Investment Control Act (“InvKG”); e.g., representation of a US investor in relation to the acquisition of gsm/radio towers in Austria (Phase II with conditions); representation of a UK investor in relation to the acquisition of a cardboard producer.
  • Compliance: E.g., compliance trainings, e.g. advising a leading online wholesaler.
  • Arbitration: E.g., representation of arbitration claimants and defendants in major arbitration proceedings in Vienna (in particular concerning energy supply contracts).

Memberships

  • Vienna Bar Association
  • King’s College London Alumni Association
  • Studienvereinigung Kartellrecht e.V., Regional Coordinator of Studienvereinigung Kartellrecht – Brüssel
  • International League of Competition Law (LIDC)
  • Austrian Association for Intellectual Property and Copyright Law (ÖV)

Teaching activities and lectures
Gerhard is a frequent speaker at seminars and conferences.

Rankings and Awards
Gerhard is listed in numerous rankings concerning antitrust law and merger control such as Chambers, Legal 500 and Who’s Who Legal.
‘Gerhard Fussenegger [..] provides quick, on-the-point, comprehensible hands-on support in competition law matters.’ (Legal 500)
‘Thought Leader Competition’ (Who’s Who Legal)
,highly praised’ ,outstanding in Brussels’ (Juve)

Education and professional background
Gerhard graduated in law from the University of Vienna in 1999 (Mag.iur.) and holds an LL.M. from King’s College London for European and Antitrust Law. In addition to his legal practice in national and international law firms, Gerhard Fussenegger has worked abroad for Gardner, Carton & Douglas in the USA and for the European Commission (DG Competition) in Brussels.

Languages
German, English, Dutch

Publications
Gerhard is the author of numerous publications, e.g:

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