Mag. Gerhard Fussenegger LL.M. (London)

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

Gerhard specialises in European and Austrian competition law and heads bpv Huegel’s FDI department.

Mandates

Gerhard advises national and international companies in Austrian and European antitrust law (Antitrust, Merger Control and Market Dominance) and distribution law. Gerhard also heads bpv Huegel’s Foreign Direct Investment Screening (FDI) department.

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, Allianz) and in the EU (e.g. STRABAG SE, 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”; e.g., 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 Economic Affairs, Energy and Tourism (“BMWET”) 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); a UK investor in relation to the acquisition of a cardboard producer; a UK financial institution regarding the acquisition of the leading provider of credit cards and acquiring services in Austria; a foreign investor regarding the acquisition of an Austrian business airline; an Asian business group in acquiring the leading Austrian producer of Heating and hot water boilers.
  • Compliance / Distribution: E.g., compliance trainings and distribution contract / strategies, e.g. training and advising a leading online wholesaler regarding its contracts with suppliers and retailers.
  • 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)
  • DLN – Distribution Law Network

Teaching activities and lectures
Gerhard is a frequent speaker at seminars and conferences (Business Circle, ARS, FWI, Studienvereinigung).

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)
‘He has brilliant knowledge’ (Chambers)

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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