Widely recognized as one of Germany’s leading antitrust lawyers, Dr. Michael Esser advises clients on German and European competition matters ranging from complex merger clearances to global cartel investigations and litigation.

Michael draws on more than two decades of experience at the forefront of high-profile antitrust procedures to deliver favorable outcomes for prominent German, European, and international companies, with a focus on the technology, fintech, telecommunications, and e-commerce sectors. Regardless of the matter at hand, Michael harnesses his sophisticated technical knowledge and strong agency relationships to resolve issues involving antitrust enforcers and courts worldwide.

A sought-after writer on competition topics, Michael serves as a co-editor of the antitrust journal Neue Zeitschrift für Kartellrecht (NZKart) and sits on the editorial board of the Münchener Kommentar für Wettbewerbsrecht, a leading commentary on German and European antitrust law.

Michael’s experience includes, among others, advising:

Merger Control

  • DuMont on antitrust aspects of the:
    • Sale of Mitteldeutsche Zeitung media group
    • Sale of Hamburger Morgenpost
  • REWE on the UK Foreign, Commonwealth & Development Office merger review process of Edeka/Kaiser’s Tengelmann; and in the proceeding of the ministerial approval (before the German Ministry for Economics) and the subsequent litigation before the Court of Appeals*

Antitrust Investigations and Litigation

  • Lufthansa in its defense before the Düsseldorf Court of Appeals and the Federal Court of Justice (Bundesgerichtshof, BGH) against a prohibition on decision of the German FCO
  • A global technology company in an investigation by the FCO regarding the client’s paramount significance for competition across markets
  • Vodafone (formerly: Unitymedia) in damages proceedings against Deutsche Telekom relating to abusive practices in the use of cable ducts
  • An international payment provider in its defense against damage claims before German courts following the EC investigation into multilateral interchange fees
  • NEC in the European Commission’s investigation into DRAM semiconductors, the first settlement of a horizontal cartel case with the Commission*
  • A technology company on possible cartel investigations in a number of product markets
  • An infrastructure company in an investigation by the Federal Cartel Office and the public prosecutor’s office regarding alleged anti-competitive agreements in bidding procedures for the public award of construction projects
  • A satellite operator in a proceeding concerning the allocation of satellite frequencies for on-flight internet services

*Matter handled prior to joining Latham

Bar Qualification

  • Brussels Bar - E List
  • Rechtsanwalt (Germany)

Education

  • Dr. jur., University of Hamburg, 1993
  • Second German State Exam, University of Hamburg, 1993
  • LL.M., University of Pennsylvania Law School, 1988
  • First State Exam, Rheinische Friedrich-Wilhelms-Universität, Bonn, 1987

Languages Spoken

  • German
  • English
  • French
Airport
March 7, 2025 Recognition

Litigators of the Week Runners-Up and Shout-Outs — Lufthansa

A Brussels and Düsseldorf-based Latham antitrust team, led by Sven Völcker and Dr. Michael Esser, successfully persuaded the European Commission to close without action or remedy, its interim measures investigation against Lufthansa.