Lufthansa Succeeds in Feeder Flights Dispute Against Condor

In a further landmark ruling of August 20, 2025, the Higher Regional Court (OLG) Düsseldorf set aside the 2022 order by the Federal Cartel Office (FCO) that claimed Lufthansa abused its dominant position by terminating the historical feeder flights agreement (Special Prorate Agreement, or SPA) with Condor. Already in May 2024, the OLG granted Lufthansa interim relief against the FCO's order based on serious doubts regarding both the order’s procedural and substantive conformity with antitrust law. The Federal Court of Justice (BGH) had confirmed the OLG’s decision in December 2024.

Serving as lead counsel, Latham was successful in the main proceedings before the OLG’s Cartel Senate. The Latham antitrust litigation team worked closely with Lufthansa´s in-house legal team whose collaboration and insights were instrumental in the proceedings. This victory comes after nearly three years of court proceedings, culminating in a final hearing before the Senate in July. The Court ruled that the FCO order should be annulled due to "formal illegality," citing concerns of bias among the members of the FCO's Decision Division. 

In February 2025, during a parallel investigation by the European Commission, Latham and Lufthansa's in-house team successfully convinced the Commission to close its interim measures investigation against Lufthansa without any action or remedy. The investigation focused on Lufthansa’s long-standing A++ Joint Venture with United Airlines and Air Canada. However, after two statements of objection, two letters of facts, and two oral hearings, the Commission ultimately agreed that the requirements for interim measures were not met. Notably, Condor continued its long-haul services out of Frankfurt even after the SPAs were no longer in effect. 

The Latham antitrust litigation team before the OLG and the BGH was led by Düsseldorf partner Michael Esser and by Brussels partner Sven Völcker with Düsseldorf associates Janine Flohr and Jörn Kramer. 

Lufthansa’s in-house legal team included Jörg Meinke, Marc Wiesner and Christine Nowak. Hengeler Mueller acted as co-counsel.