Markus Brösamle
Rechtsanwalt (Lawyer), Associated Partner

Markus advises in all areas of German and European antitrust law. He is active in the area of cartel damages as well as in advising on all aspects of antitrust law in the context of M&A projects (e.g. merger control proceedings before the German Federal Cartel Office and the European Commission; antitrust feasibility analysis; drafting of contracts; coordination of multinational filings). In addition, Markus advises on all aspects of antitrust matters in the operative business (e.g. cooperation between competitors; abuse of market power; vertical cooperation; antitrust compliance). He also represents companies in antitrust investigations.
Projects
- ATU
Advising the car parts and repair specialist on the competition and merger control aspects in formal second-phase proceedings before the Federal Cartel Office regarding cooperation with Carglass - thyssenkrupp
Advising a joint venture with duisport (world’s largest inland container port) on port logistics) - DAF / Paccar
Defence against numerous antitrust damages claims brought before German courts - Large online trading platform
Compliance and antitrust advice - Leading energy companies
Creation of a (green) hydrogen jointventure - Various manufacturers / supplier
Advice on antitrust fine proceedings - Various manufacturers / suppliers
Distribution antitrust disputes
Career
Studied law at the Free University of Berlin from 2007 to 2012
Legal traineeship at the Berlin Appellate Court from 2013 to 2015
Professional career with a major international law firm in Düsseldorf from 2018 to 2019
Research assistant in different positions
With Noerr since 2019
Admitted to the Chamber of Lawyers in Berlin
Memberships
- German Antitrust Law Association
Publications
- New Digital Markets Act
Co-Author in A Practitioner's Guide, Nomos, 2023 - GRUR-Prax 2024, 594
Patent disputes: Settlements and licence agreements may restrict competition and violate antitrust law, comment on ECJ, judgment of 27 June 2024 - C-176/19 P, GRUR-RS 2024, 14802 - ZVertriebsR 2024, 93
Comment on ECJ: Potential competition, vertical agreement, ancillary agreement, restriction of competition by object - ZVertriebsR 2023, 318
Comment by Metzlaff/Brösamle ECJ: Vertical agreement on fixing minimum prices for resale - ABA (2024)
Co-author Vertical Restraints Handbook - Chapter for Germany - ZVertriebsR 2022, 134
Amendment of the Vertical Block Exemption Regulation and guidelines: Information exchange in the context of dual distribution systems - ZVertriebsR 2021, 286 et seq.
§ Section 6 (3) BuchPrG - Between book distribution and competition