Competition law poses many challenges for companies. To guide clients through, it requires clear understanding of the legal framework and the related economic issues.  Our work ranges from compliance advice in the structuring of transactions through to litigation of damages claims before courts, national and European authorities, and arbitral tribunals.

Zeiler Floyd Zadkovich regularly advises and represents clients on competition issues and in high-stakes disputes.  Often competition relates to other areas of the law.  Our team are adept at managing this interconnectedness.  Our competition law services are integrated with other strengths of the firm, such as arbitration, litigation, intellectual property law, employment law and across multiple sectors.

Disputes

The private enforcement of competition law has significantly increased the frequency of damages cases for violation of national, EU or US competition law.  Cartel members and companies involved in claims of abusive market practices can face proceedings before national courts or arbitration tribunals.

Our firm advises clients in all aspects of disputes involving competition law.  We have specific experience with stand-alone and follow-on cases.  As examples, we have managed stand-alone claims based on abuse of dominance in the energy sector and damages claims in the aftersales market in the healthcare sector. We have also successfully resolved copyright and trademark matters.

Our lawyers have the necessary legal and economic understanding to provide tailored and direct advice.

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Employment

Employment contracts commonly contain restrictive covenants that arise post-termination.  These covenants are aimed curtailing an employee’s ability to compete with an employer after leaving the employment.  However, unduly restrictive covenants are at risk of being struck down or limited by courts.  Getting the balance right in drafting and negotiating the contracts is key.

Overly onerous employment covenants can be an anti-competitive practice or abuse of market dominance.  Competitors could infringe competition law if they agree not to solicit or hire each other’s employees or they exchange information concerning human resources data (e.g. wage/salary).

Zeiler Floyd Zadkovich’s ability to advise on competition and employment law interchangeably is a core asset.

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Transactions

We advise our clients on all transactions in areas including licensing, M&A, joint ventures, strategic alliances or financing. The intricacies of competition law require both an economic understanding of the environment in which the transaction takes place as well as an understanding of the complex legal questions which arise.

Our approach to transactional work is to communicate thoroughly with clients to understand their specific objectives, and then devise a workflow and plan for drafting the contract.  Of course, the extent of planning and preparation will depend on the nature and complexity of the project.  We are well equipped to assist with projects of any size.

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Alfred Siwy
Partner - Vienna, London
Edward W. Floyd
Partner - New York
Gerold Zeiler
Partner - New York, Vienna
Lisa Beisteiner
Partner - Vienna
Markus Schifferl
Partner - Vienna
Alexander Zojer
Senior Associate - Vienna
Thomas Herbst
Senior Associate - Vienna
Katherine Georginis
Associate - Chicago
  • Representation of a global energy major in arbitral proceedings against a Western European energy company regarding the amendment of a gas supply contract in Eastern Europe (EUR 316 million, ICC).

  • Representation of a major global oil & gas company in arbitral and court proceedings against a Western European gas pipeline operator regarding European competition law matters (EUR 70 million, ICC, Austrian energy regulator, Austrian Administrative Court).

  • Representation of a German energy major in contract adjustment proceedings against a Western European incumbent regarding gas transit agreements and related competition law questions (EUR 120 million, VIAC).

    Chambers Global & Chambers Europe 2020

    • Alfred Siwy
      Dispute Resolution: Arbitration 2020 - Band 4
      "The 'impressive' Alfred Siwy is focused on cross-border investment arbitration, as well as handling competition-related claims. He acts for both multinational companies and government bodies."
  • Alfred Siwy zu Kartellschadenersatz

    Alfred Siwy zu Kartellschadenersatz

    Siwy (author), “Deliktsgerichtsstand und Gerichtsstandsvereinbarungen bei Kartellschadenersatzklagen”, ecolex 2019, MANZ Verlag Wien, p. 591, July 2019

  • Beweisvorlageanträge und Kartellschadenersatz

    Beweisvorlageanträge und Kartellschadenersatz

    Siwy (author), “Beweisvorlageanträge in Schadenersatzverfahren aus Wettbewerbsverstößen vor staatlichen Gerichten und Schiedsgerichten”, Wirtschaftsrechtliche Blätter 31, 193-199, 2017

  • Damages for Infringements of Competition Law

    Damages for Infringements of Competition Law

    Zeiler, “The Impact of Directive 2014/104/EU on Actions for Damages for Infringements of Competition Law in International Arbitration”, Expert Guides 2017