About
Clients turn to Frank when they need a competition lawyer with authority, a global reputation and extensive knowledge of the world’s competition law regimes.
Frank draws on over 30 years’ experience to defend his clients’ interests in EU and multijurisdictional competition procedures and investigations.
With increasing intra-agency co-operation in merger and cartel investigations, clients need a globally co-ordinated defence. Frank’s practice has brought him before the European Commission, Germany’s Bundeskartellamt and other key global authorities, including the US DOJ and FTC and China’s Mofcom, in some of the most complex merger transactions and investigations into anti-competitive practices. He is also an experienced litigator before the European courts in Luxemburg.
Frank speaks German, English and French.
MERGERS
- Recent significant merger investigations:
- Global lead counsel for UPM-Kymmene Corp. regarding its join venture with Sappi Inc including the 2nd phase EU investigation.
- Global lead counsel for CPPIB/Glencore/BCI regarding the sale of Viterra to Bunge involving more than 40 merger control, FSR, and FDI notifications including remedies in China, Canada, the EU, and the US and subsequent EU merger control, FSR and FDI filings in Poland and Hungary for the sale of Viterra Hungary and Poland to Louis Dreyfus.
- Advising Adobe in the 2nd phase UE investigation relating to its acquisition of Figma.
- Advising Norsk Hydro in the 2nd phase EU investigation relating to its acquisition of Alumetal.
- Global lead counsel for Cargotec Corp. regarding its merger of equals with Konecranes including the 2nd phase investigations in the EU, the UK, and the US.
- Advising Adobe in the dissolution proceedings initiated by the Bundeskartellamt regarding Adobe’s acquisition of Magento, Marketo and frame.io and the subsequent litigation before the Düsseldorf Court of Appeals and the Federal Court Of Justice regarding the cost decisions of the Bundeskartellamt in the Magento and Marketo investigations.
- Other significant merger investigations:
- Global lead counsel for Siemens on the worldwide merger control proceedings of the proposed transformative combination of mobility businesses with Alstom including the landmark 2nd phase EU investigation.
- Advising BASF on its acquisition of significant components of Bayer’s seed and crop protection businesses following a commitment by Bayer to obtain EU clearance for the acquisition of Monsanto.
- Advising a third party in the Dow/DuPont merger proceedings.
- Advising BASF as third party in the 2nd phase EU investigation relating to the acquisition of DuPont by DOW.
- Global lead counsel for Holcim in the merger control and FDI investigations of its $43bn merger of equals with Lafarge and the subsequent divestment of businesses in 15 countries.
DOMINANCE AND TECH REGULATION
- Advising a US software company in an Article 102 investigation by the European Commission which was subsequently closed.
- Advising a European healthcare company in an Article 102 investigation by the European Commission which was subsequently closed.
- Advising a European industrial company in an Article 102 investigation of one of its suppliers.
- Advising a gatekeeper on certain aspects of the DMA.
CARTELS
- Advising UPM-Kymmene in the softwood pulp cartel investigation of the European Commission which was subsequently closed.
- Advising Clariant in the ethylene cartel investigation of the European Commission, the subsequent litigation in the General Court of the European Union, and litigation regarding follow-on damage claims.
- Advising a Germany construction company in several cartel investigations of the Bundeskartellamt regarding road repair works.
- Advising Deutsche Bahn in the cartel investigation regarding block trains and Deutsche Bahn subsidiary Schenker as global lead counsel in the cartel investigations into the freight-forwarding industry.
Dr. Frank Montag
Bastion Tower
Place du Champ de Mars/Marsveldplein 5
Brussels B-1050