Heraeus Kulzer wins dismissal of antitrust dispute by competitor alleging abusive conduct

Clients Heraeus Holding GmbH

Jones Day successfully defended Heraeus Kulzer GmbH (HKG) in court proceedings against allegations of abusive conduct. HKG produces bone cement products that it used to sell to Biomet, which marketed those products in a number of European countries. When HKG discontinued its supplies, Biomet sued HKG i.a. in summary proceedings. Biomet claimed that the antitrust rules of the EC (Article 82 of the EC Treaty) and Germany (Sections 19 and 20 of the Act Against Restraints of Competition) entitled Biomet to continued deliveries for a period of 18 months after termination of the supply agreement. This argument centered around the allegation that HKG dominated the relevant market for bone cements across Europe, and that Biomet would disappear from this market absent continued supplies by HKG. The court of Frankfurt am Main, however, dismissed the claim.

Biomet Orthopaedics Switzerland GmbH v. Heraeus Kulzer GmbH, file no. 2-06 O 545/08