Tilman Kuhn advises clients on a broad spectrum of high-stakes antitrust and competition matters. 

Tilman leverages deep sector knowledge to guide clients in a range of industries, including oil and gas/chemicals, pharmaceuticals, consumer products, automotive, and technology. He helps clients navigate cartel and other investigations, civil damages litigation, merger control, and foreign direct investment (FDI) reviews.

He brings a creative approach and track record of success to complex matters across multiple jurisdictions. Tilman regularly handles merger control and antitrust proceedings before the German Federal Cartel Office (FCO), the European Commission (EC), and other competition authorities worldwide, as well as antitrust litigation before German and EU courts.

Recognized as one of Germany’s leading antitrust and FDI lawyers, Tilman is co-editor of the country’s most prominent journal on competition law and writes regularly on antitrust issues in Europe and beyond.

Tilman’s experience includes representing:

Antitrust Investigations and Litigation

  • A leading energy company in achieving the first-ever annulment of a court-issued FCO search warrant (for lack of probable cause), leading to a multi-year cartel investigation into the cable sector*
  • Symrise in a global cartel investigation in the fragrance sector, including challenging the legality of EC dawn raids before the General Court*
  • Autoliv against civil damages claims in connection with cartel investigations by the EC and other authorities into automotive components, including: 
    • Full dismissal of a landmark €770 million claim by Stellantis*
    • A c. €95 million claim by BMW before the Regional Court of Munich*
  • A leading manufacturer of plastic packaging in follow-on damage claims in relation to an EC cartel investigation in the retail food packaging sector*
  • An electronics retailer in:
    • An investigation by the FCO into alleged resale price maintenance practices, resulting in the closing of the investigation without imposition of a fine*
    • The EC’s online and resale price maintenance investigations*
  • Lundbeck before the EC, the General Court, and the Court of Justice of the EU in its appeal against the EC’s fining decision regarding reverse payment settlement agreements*

Regulatory Deal Clearance

  • Autotalks in its contemplated takeover by Qualcomm (Article 22 EUMR referral case without national filing requirements and related CMA proceedings)*
  • The Dow Chemical Company in various matters, including its US$130 billion merger of equals with DuPont*
  • Air France-KLM in merger control aspects of its acquisition of a minority stake and commercial cooperation with SAS*
  • Airbus (formerly EADS) in merger control and FDI aspects of its joint acquisition with Thyssenkrupp of Atlas Elektronik*
  • Airbus in its acquisition of a majority stake in Bombardiers C-series program*
  • Abbott in its acquisition of Solvay’s pharmaceutical and diagnostic business*
  • Synthos in the US$449 million acquisition of Trinseo’s synthetic rubber business*
  • About You in its planned public takeover by Zalando*
  • GlobalWafers in antitrust/merger control and FDI aspects of its attempted public takeover of Siltronic*
  • Henkel in the acquisition of ICI’s adhesives and electronics business (National Starch)*
  • Jenoptik AG in merger control and FDI aspects of the sale of its defense/mechatronics business Vincorion*
  • Georg Fischer AG in its public takeover of Uponor*
  • Metso Corporation in the combination of Metso Minerals and Outotec Oyj under the name Metso Outotec*
  • Prax Group in its acquisition of OIL! Tankstellen GmbH*
  • Axel Springer before the Higher Regional Court of Düsseldorf and Federal Court of Justice in challenging the FCO’s merger prohibition in Axel Springer/Pro7Sat1*
  • Chinese state-owned enterprises on global FDI reviews*
  • A US company in in-depth FDI proceedings, resolved with a toughly negotiated mitigation agreement, in the area of lawful telecommunications interception for law enforcement agencies*

*Matter handled prior to joining Latham

Bar Qualification

  • England and Wales (Registered Foreign Lawyer)
  • Rechtsanwalt (Germany)

Education

  • Dr. jur., University of Cologne, 2005
    summa cum laude
  • Second State Exam, State of Northrhine-Westphalia, 2003
  • LLM, University of Amsterdam, 2001
  • First State Exam, Higher Regional Court, Cologne, 2000

Languages Spoken

  • English
  • German