Roman Zagrosek

Roman Zagrosek

Founding Partner

Cologne
T: +49 221 888 69 171
F: +49 221 888 69 176
rzagrosek@hz-partner.com

V-Card

Practice Areas:

  • European and German competition law
  • Compliance
  • Litigation
  • EU law

 

Languages:

  • German
  • English
  • Russian basics

Industries:

  • Automotive
  • Construction and infrastructure
  •  Consumer products and retail
  •  Information technology
  • Market research
  • Media and Advertising
  • Telecommuncation
  • Insurances

Mr. Zagrosek’s practice focuses on compliance and German and European competition law.

He advises clients in German and European competition law in relation to

  • German and European administrative fine proceedings
    • Draft leniency applications/marker
    • Defense before regulatory bodies and courts
  • Horizontal restraints of competition
    • Information exchange
    • Contract provisions (non-compete)
    • Boycotts
  • Vertical restraints of competition
    • Resale price maintenance
    • Exclusivity
    • Competitive restraints
  • Abuse of dominance
    • Discrimination
    • Impediment
    • Exploitation
    • Access to essential facility
    • Price-margin-squeeze
  • German and European merger control
    • Draft merger control applications to German Federal Cartel Office or European Commission
    • Coordination of multi-jurisdictional filings in several EU Member States
    • Request for referral
    • Submissions of third party opinions
    • Prohibition to implement (stand-still)/information exchange („gun-jumping“ in M&A)
  • Sector inquiry of competition authorities
    • Response to requests for information
    • Strategy advice
    • Submissions/Lobbying
  • Litigation
    • Civil proceedings (damages or contract provisions)
    • Administrative fine proceedings (defense against fines)
    • Criminal proceedings
    • Administrative proceedings (merger control)
  • Cartel investigations
    • Employee interviews
    • Organization document review (email-reviews)
    • Risk analysis
  • Guidelines/trainings in competition law
    • Draft competition policies
    • Trainings (online/offline)
    • Organization of “mock dawn raids“
    • Advice in relation to set-up of e-learnings
    • Advice for trade associations

Mr. Zagrosek advises clients in compliance in relation to

  • Execution and assessment of internal investigations regarding compliance topics such as anti-corruption
    • Employee interviews
    • Document review (email-reviews)
  • Risk analysis
  • Draft and adaption of compliance policies
  • External compliance representative
  • Contact of external whistleblowing hotline

Besides his legal advice, Mr. Zagrosek also supports clients to implement their compliance policies in practice.  He possesses an in-depth knowledge in the implementation of compliance solutions, in particular, IT based tools (Business Partner due diligence, integrity, and screening; risk assessments; whistleblowing; elearning; data protection).

Mr. Zagrosek has expertise in various industries, including consumer goods, market research, telecommunication, information technology (IT) and digital media, automotive, energy, medical devices and pharmaceutical products.

He is a lecturer at the Quadriga University Berlin.  He regularly speaks at conferences and has been cited as a recognized expert by the press, e.g., The Economist.  He is a member of Studienvereinigung Kartellrecht and the German-Swiss Juristenvereinigung.

Mr. Zagrosek has been involved in a broad range of merger control proceedings with the European Commission, including in the areas of medical devices and IT.  With respect to German merger control, he has been involved in several merger control proceedings in connection with IT, pharma and industrial products.

He further has in-depth experience with cartel and abuse proceedings with the European Commission.  He has carried out internal investigations and has advised clients in the submission of leniency applications for example in consumer goods (request for immunity).  In addition, he drafted responses to statement of objections and requests for information and attended oral hearings in food packaging (alleged cartel) and telecommunication (alleged abuse of dominance/parental liability).

Mr. Zagrosek defended clients in administrative fine proceedings, notably with the Düsseldorf Court of Appeals and the German Supreme Court. For example, he represented an industrial insurance company in the cartel proceedings. In addition, he has been involved in the cartel proceedings against decorative paper manufacturers and sausages producers.

Mr. Zagrosek has represented clients in litigation, including a cartel damages claim at the Dortmund District Court and a request for a declaratory judgment at the Munich District Court.  He was also involved in the preliminary ruling proceedings in the Pfleiderer case concerning access to file in cartel cases.  In addition, he has represented a client in a shareholder dispute at the Cologne Court of Appeals.

Mr. Zagrosek in particular provides advice in relation to cooperations among companies, contracts (sales representatives, franchise contracts, etc.), and information exchange.

Finally, he has in-depth knowledge in the organization and execution of EU-wide internal investigations, the review and adaption of compliance policies, as well as trainings of employees.

Mr. Zagrosek worked for Cleary Gottlieb Steen & Hamilton LLP in Cologne from 2007 to 2013.  He received an LL.M. degree from the University of California, Berkeley, in 2004.  Mr. Zagrosek received his doctorate in law, summa cum laude, from the Eberhard-Karls-University of Tübingen in 2005.  In his thesis, he focused on “Leniency Policies in U.S., EU, and German Antitrust Law”.  He passed his Second State Examination in the State of Berlin in 2007 and the First State Examination at the University of Tübingen in 2002.

Mr. Zagrosek is a member of the legal bar in Cologne.  His native language is German, he is fluent in English and has a rudimentary knowledge of Russian.

Education:

  • Second State Examination in Berlin (2007)
  • LL.M. at the University of California, Berkeley (2004)
  • Doctorate in law at Eberhard-Karls-University of Tübingen (2005)
  • First State Examination at the Eberhard-Karls-University of Tübingen (2002)

Bar admissions:

  • Cologne since 2007

Languages:

  • German
  • English
  • Russian (Grundkenntnisse)

Publications and Speeches

Smarte Geschäftspartnerprüfung 4.0, Vortrag beim LexisNexis Compliance Solutions Day 2015 in München, 24. Juni 2015

IT-gestützte Business Partner Compliance Solution, Smarte Geschäftspartnerprüfung 4.0, Vortrag an der Veranstaltung der Deutsche ICT und Medienakademie in Köln, 28. Mai 2015

Quadriga Hochschule Berlin, Online-Studium, Compliance im Vertrieb, Compliance-konforme Vertriebsprozesse, 20. Mai 2015

The German Pfleiderer decision. Protecting the national leniency programme, in: Competition Law Insight, March 20, 2012, mit Romina Polley

Chapter 1 – Application of Article 101 TFEU, in: Siragusa/Rizza (eds.), EU Competition Law, Volume III, 2nd edition 2011, Claeys & Casteels, mit Silke Heinz

Die US-amerikanische und deutsche Kronzeugenregelung im Recht der Wettbewerbsbeschränkungen, in: DAJV Newsletter, Zeitschrift der Deutsch-Amerikanischen Juristen-Vereinigung e.V., 2007, S. 170 ff.

Kronzeugenregelungen im U.S.-amerikanischen, europäischen und deutschen Recht der Wettbewerbsbeschränkungen, 2006, Dissertation, Nomos Verlagsgesell., Wirtschaftsrecht und Wirtschaftspolitik

Centralized Marketing of Sports Broadcasting Rights and Antitrust Law, in: Seton Hall J. of Sports & Ent. L., 381, 2004, mit Sandra Schmieder

My Recent Work