The Leading Law Firms | 2017 | 355

Noerr s.r.o. Kaufland succeeds with Noerr before the Czech Administrative Court Noerr has successfully represented Kaufland before the Czech Administrative Court. On 21 April 2016, the Court set aside a decision issued by the Czech Cartel Office imposing on Kaufland Ceska republika a fine. The authority had accused Kaufland of violating the Law on the Significant Market Power regarding the Sale of Foodstuffs and Agricultural Products and its Abuse (“Market Power Act”). This is not only the first decision handed down by a Czech court on the Market Power Act since its entry into force; due to the political dimensions of the case, the judgment also received wide media coverage. The ruling can be classified as a landmark decision as it marks the first time a court dealt with important questions of interpretation of this special act. The Court followed the argumentation put forward by our Noerr colleagues, saying that a market power must always be evidenced in the specific buyer/supplier relationship. In its decision the Cartel Office had applied an “absolute” market power concept which provides that in case of fulfilment of certain general criteria a buyer must have a significant market power vis-à-vis all its suppliers; this interpretation has now been overruled as unlawful by the Administrative Court. In addition, the case also involved aspects of European law: the plaintiff claimed a violation of the non-discrimination principle (as in fact only eight foreign food

retail chains satisfy the turnover test) and criticised the convergence clause. The Cartel Office has given notice that it will appeal the judgment. The Market Power Act, which entered into force in 2009, prohibits food retail chains from engaging in certain practices if they hold a significant market power vis-à-vis their food suppliers. The Act strongly interferes with the food retailers’ freedom of contract, especially with regard to pricing conditions. Noerr Prague has advised Kaufland since the Market Power Act entered into effect and represents Kaufland in this as well as another case also pending before the Czech Cartel Office. Advisor to Allianz Real Estate on joint venture Noerr has advised Allianz Real Estate on establishing a 50:50 joint venture with the real estate developer VGP which is active throughout Europe. Allianz was advised by an interdisciplinary team of Noerr’s Real Estate Investment Group from Noerr offices in Germany, the Czech Republic, Slovakia and Hungary. The team was led by the partners Christoph Brenzinger, Dr. Tibor Fedke and Dr. Christoph Spiering. The transaction value was more than €500 m. The joint venture has been set up to bundle the assets of projects developed by VGP in Germany, the Czech Republic, Slovakia and Hungary. The portfolio focusing on logistics and industrial properties will be contin-

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