Tim Schaper

Partner
Norton Rose Fulbright LLP

Tim Schaper

Tim Schaper

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Biography

Dr. Tim Schaper is a competition lawyer based in Hamburg. He advises national and multinational clients on German and European competition law.

Tim's practice focuses on advising clients on cartel investigations, abuse-of-dominance cases and merger control proceedings before the German Federal Cartel Office and the European Commission, on representing clients in cartel damages proceedings before German courts and on advising clients on foreign investment control procedures before the Federal Ministry for Economic Affairs and Energy.

He provides competition law advice on horizontal co-operations and on vertical distribution and supply agreements. His practice also comprises cross-practice advice on complex questions relating to the thematic interface of IP and antitrust law, such as advising on technology transfer and research and development agreements.

Tim develops and designs customized and cost-effective compliance programs, including competition law compliance training sessions and audits.

He holds a law degree and a doctoral degree from the University of Goettingen and has studied in Goettingen and abroad at the University of Leiden in the Netherlands.

Prior to joining us at the beginning of 2016, Tim worked in the competition law practices of leading international law firms in Düsseldorf and Hamburg.

He regularly publishes articles on competition law and is a member of the German Association for the Study of Antitrust Law (Studienvereinigung Kartellrecht).


Professional experience

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  • Rechtsanwalt

Advising:

  • Clients in cartel proceedings of the German Federal Cartel Office or the European Commision across various industry sectors, including agricultural wholesale; plastic chemicals; car parts; container trucking; sausages; car licence plates; bathroom fittings; bananas; elevators and escalators.
  • Clients in complex merger control proceedings, including:
    • German insurers setting up joint ventures offering company pension schemes
    • W&W on the acquisition of Aachener Bausparkasse
    • J.W. Ostendorf on the sale of its paint business to Hempel
    • Liberty House Group on the acquisition of AR Industries
    • Gränges on the acquisition of shares in Erbslöh Aluminium
    • CAE on the acquisition of Lockheed Martin's flight simulator division
    • Samsung SDI on the acquisition of Magna's automotive li-ion battery business
    • Baltisse on the sale of its international flooring business to Mohawk
    • ThyssenKrupp on the divestment of its stainless steel business to Outokumpu
    • ThyssenKrupp on the sale of its civil and military shipbuilding activities to Abu Dhabi MAR
  • GCR – Who's Who Legal (Competition): Ranked as "Competition Future Leader" in 2019 and 2020
  • WirtschaftsWoche/Handelsblatt Research Institute (HRI)  – TOP Law Firms in Germany: Ranked as leading competition lawyer in 2018 and 2020
  • Best Lawyers: Ranked as leading lawyer in the category Competition/ Antitrust Law in 12th edition (2021)
  • JUVE Awards 2019: Norton Rose Fulbright LLP nominated for category "Antitrust Law Firm of the Year"
  • Pay-for-delay – the next chapter: Advocate General Kokott recommends that the European Court of Justice should uphold the fine against Lundbeck, in Newsdienst Compliance, edition 6/2020.
  • COVID-19 pandemic: To save competition – rethinking exceptions to the ban on cartels, in Newsdienst Compliance, edition 4/2020
  • ECJ on the requirement of public distancing from a cartel, review of ECJ, decision of 28 November 2019 (case C-596/18 P), in Newsdienst Compliance, edition 2/2020
  • Draft bill for the 10th Amendment of the German Act against Restraints of Competition, in Newsdienst Compliance, edition 12/2019
  • Higher Regional Court considers narrow best price clause in hotel booking sector to be in line with competition law requirements, review of OLG Düsseldorf, decision of 4 June 2019 (case VI-Kart 2/16(V)), Newsdienst Compliance, edition 7/2019
  • Judgment of the ECJ regarding questions over the parallel use of the EU-legislative definition of an 'undertaking' in antitrust fining and damages proceedings, review of ECJ,  decision of 14 March 2019 (case C-724/17) Newsdienst Compliance, edition 03/2019
  • Cartel members facing impending stricter liability – the Advocate General of the ECJ pleads for a more effective enforcement of damages, Interview in Börsen-Zeitung, edition 43, 2 March 2019
  • EGC asked to re-examine the antitrust fine against Infineon, review of ECJ, decision of 26 September 2018 (case C-99/17), Newsdienst Compliance, edition 10/2018
  • ECJ specifies the standards of discrimination of a trade partner in competition within the meaning of Art. 102 (2) (c) TFEU by a market-dominating company, review of  ECJ, judgment of 19 April 2018 (case C-525/16), Newsdienst Compliance, edition 4/2018
  • Judgment of the ECJ regarding the illegality of the German price fixing for prescription drugs of the human medicine, review of  ECJ, judgment of 19 October 2016 (case C-148/15), Newsdienst Compliance, edition 11/2016
  • Co-author with Dr. Maxim Kleine, Getting the Deal Through, Pharmaceutical Antitrust Germany, 2016 and 2017
  • Co-author with Dr. Florian Haus, The AMNOG reform; changes to the competition law rules in the German health sector, ZWeR 2011, page 48
  • Challenges under constitutional law arising from the transfer of sovereign rights to create a single body of European criminal law, Univ. Diss, Duncker & Humblot, 2009
  • Member of the German Association for the Study of Antitrust Law (Studienvereinigung Kartellrecht)
  • Norton Rose Fulbright LLP / Antitrust and Competition – Member of Hamburg Industry Association (Industrieverband Hamburg – IVH)
  • English
  • German