Dr Thomas Höppner is a Partner at Hausfeld, specializing in EU and German competition law and intellectual property law. His practice covers the full range of contentious and non-contentious competition law matters, including related regulatory areas such as media, telecommunications, broadcasting and energy.
He has spearheaded complaints before the European Commission and taken competition claims before German courts, particularly in the context of an abuse of dominance and damage claims. Thomas has particular expertise in technology, media and network industries where he regularly advises clients in complex proceedings and litigations at the interface of competition law, sector-specific regulation and intellectual property law. Recent cases include representing several complainants in big data investigations relating to Apple, Google Search, Android, Amazon and YouTube at European and national levels, private enforcement of competition law claims to compulsory licenses as well as advising on regulatory reforms in the area of digital markets, postal services and the press.
Thomas also acts as a Mediator in commercial disputes relating to online intermediaries pursuant to the Platform-to-Business Regulation (P2B-Regulation) No 2019/1150.
In September 2020, Thomas released a new book, Google's (Non-) Compliance with the EU Shopping Decision , which can be downloaded here for free.
Having studied in Berlin, Glasgow and Dundee, Thomas holds a Ph.D and an LL.M in competition law. He is a professor of business law and intellectual property law at the Wildau Technical University of Applied Sciences and a Visiting Professor for telecoms law at the University of Strathclyde, Glasgow. Thomas has published, inter alia, four books on the regulation of networks and platforms and regularly speaks on current topics of competition and intellectual property law.
Thomas is recommended by Legal 500 as “outstanding” in particular in “cases relating to the digital network economy.” The German legal directory JUVE recommended him as “simply a first-rate lawyer.”
Prior to joining Hausfeld, Thomas worked several years in the competition and TMT groups of Hogan Lovells and Olswang in Berlin and London.
Dr. iur, Humboldt University, Berlin – Summa Cum Laude and Karlheinz-Quack Prize
LL.M, University of Dundee
Bar Exam / 2. State Exam, Berlin – Distinction
LL.B / 1. State Exam, Berlin – Distinction and Graduation Prize
Who's Who Legal Germany 2020 - Competition Plaintiffs
Best Lawyers Germany 2020 - Media Law
Legal 500 Deutschland 2020 - Competition Law
Leaders in Law 2020 - Media & Entertainment Law
- Panelist, "Monopolization and Abuse: Application to Platforms and Digital Markets", Antitrust and 21st Century Bigness: Dealing with Tech Platforms in a Globalized World, New York 2020
- Panelist, “Abuse of Dominance in Digital Markets in the 10. Reform of the German Competition Act” (in German), L&A Wettbewerbstag 2020, Hamburg 2020
- Panelist, “Amazon’s monopoly power: threats to a fair marketplace”, UNI Europe Amazon Symposium, Brussels 2019
- Moderator & Panelist, “Do We Have the Tools to Regulate? Reviewing Recent Reports and Proposals”, 28th Advanced EU Competition Law Conference, Brussels 2019
- Panelist, “Das Leistungsschutzrecht für Presseverleger” (the ancillary copyright for press publishers), DAV AGEM Herbsttagung, Berlin 2019
- Speech, "Antitrust Investigations Against Amazon - Current State of Affairs", EIBF Annual Conference, Frankfurt 2019
- Moderator, "The Future of Competition Law", Big Data & Competition Law Conference, Brussels 2019
- Panelist, “Damages Claims in E-commerce Cases”, UIA’s 10th Annual Business Law Forum, Vienna 2019
- Speaker, “Tech Platforms and Antitrust – Different approaches on both sides of the Atlantic?”, DAJV annual conference, Berlin 2019
- Panelist, "Effective Competition Law Remedies", Lexxion Symposium on Online Platforms & Competition Law, Brussels 2019
- Speaker, "Competition (law) in the internet” (in German), Juristische Gesellschaft zu Berlin, 2019
- Panelist, "Online Platforms: Competition Law & Regulation", Podcast, 2019
- Speaker "EU Regulation on Online Intermediaries: Limitation of Digital Power or Bureaucracy Paper Tiger?" (in German), 18th @kit-Congress, Berlin 2019
- Speaker "Expansion of Dominance in the Digital Sphere“, Studienvereinigung Kartellrecht, Berlin 2019
- Panelist, “Opportunities for Damages Actions Beyond Cartels”, Private Enforcement of Competition Law Conference, Brussels 2019
- Speaker, "Abuse of Dominance on Multi-Sided Markets: Current Cases at EU and national level", 2. Berliner Kartellrechtstag, 2019
- Chair, "Ensuring Intellectual Property Rights in the Digital Sphere", PolicyExchange Forum, Brussels 2019
- Speaker, "Private Enforcement of Competition Law in the Digital Sphere", 27th Advanced EU Competition Law, Brussels 2018
- Panel moderator, "Regulating the Digital Economy: Are the Old Tools Fit for the New World?", 27th Advanced EU Competition Law, Brussels 2018
- Speaker, “Update Internet Competition Law”, 7th @kit conference, Berlin 2018
- Panelist, "EU-wide Level Playing Field for Platforms", Münchner Medientage 2017
- Panelist, “Indirekte Netzwerkeffekte“ (indirect network effects), L&A-Wettbewerbstag 2017, Hamburg 2017
- Panelist, "Neutrality, Equal Treatment and Fairness – New ‘Gold Standards’ under Article 102 TFEU?", CoRe/CCIA Conference, 2017, Brussels 2017
- Speaker, "Private Enforcement in the Digital Sphere", 26th Advanced EU Competition Law 2017, Brussels
- Panelist, “Better Regulation for Copyright”, European Parliament, Brussels 2017
- Speaker, ”Licensing for News Intermediaries”, European Copyright – Quo Vadis?, EUI Florence, 2017
- Panelist, “Streitgespräch zum Presseverleger-Leistungsschutzrecht für Europa," re:publica Berlin 2017
- Panelist, "Internet Giants and their Impact on the Online Market" and "Google in the EU and the US: Search, Complaints and Licensing", CEPIC World Conference, Berlin 2017
- Panelist, “The Link is Safe: Publisher’s Rights in the Digital Age”, Future Media Lounge, European Parliament, Brussels 2017
- Speaker, “Algorithms and Search Engines”, Algorithm Workshop, University of Strathclyde, Glasgow 2017
- Speaker, “Publishers’ Rights”, Hearing on Copyright, European Parliament, Brussels 2017
- Speaker, "Briefing on the Proposed Directive on Copyright in the Digital Single Market", Workshop for Legal Affairs Committee, European Parliament, Brussels, 2017
- Speaker, “Legal Aspects of the Internet of Things”, 10. Forschungskolloquium, TH Wildau, 2017
- Speaker, "New EU-Directive for an Ancillary Copyright for Press Publishers?", 45th FIW Informationstagung, Brussels, 2016
- Speaker, "Internetökonomie und Recht" (internet economy and law), Technical University Wildau, 2016
- Panelist, "Press Freedom in a Digital World: The Value of Copyright", ENPA event, Brussels 2016
- Speaker, “Law and Economics of Behavioural & Targeted Advertising” and “Regulatory Approaches to Intermediation Platforms”, Florence School of Regulation, Annual Training, EUI, Florence 2016
- Speaker, “One size fits all? Getting Europe’s tech policy right”, ICOMP Debate, Brussels, 2015
- Speaker, “Abuse of Dominance in Digital Markets: The Case against Google”, 6th GRUR/JIPLP Joint Seminar, Munich 2015
- Speaker, “The EU Commission`s Investigation of Internet Search”, ICOMP Brussels, 2014
- Speaker, “Regulating Search: Competition Law, Copyright and Sector-Specific Approaches”, CILP, Glasgow, 2014
- Speaker, “Economics of E-Commerce Platforms”, University of Strathclyde, Glasgow, 2014
- Speaker, “Press Publishers’ View on Google’s Commitment Proposals”, FairSearch Press Conference, Brussels, 2013
“Restraints of Competition under the Disguise of Data Protection” (in German) Zeitschrift für Digitalisierung und Recht (ZfDR), 8/2021 (co-author)
“The Comparative Markets Approach in the Regulation of Postal Charges” (in German) Netzwirtschaften und Recht (N&R), 5/2021 (co-author)
“Who googles “health” shall end up at the website of the health minister? NetDoktor vs. Germany & Google” (in German) Neue Zeitschrift für Kartellrecht (NZKart), 4/2021
“Gatekeeper’s Tollbooth for Market Access: How to Safeguard Unbiased Intermediation”, Competition Policy International (CPI) Antitrust Chronicles, 1/2021
"Google’s (Non-) Compliance with the EU Shopping Decision", book, 9/2020
"What can an effective regulation of internet platforms look like?" (in German), relevant 1/2020
"In a Nutshell: Why the EU's Google Shopping case matters", Competition Law Insights, 2/2020
“Platform regulation light: on the concept of companies with paramount cross-market relevance in the 10th amendment of the German Act against Restraints of Competition” (in German), Wirtschaft und Wettbewerb, 2/2020
“The modernization of the law on abuse of dominance according to the draft bill for a 10th amendment of the German competition act” (in German), Kommunikation & Recht January 2020 (co-author)
“The EU regulation 2019/1150 on fairness and transparency of online-intermediation services (“P2B-Regulation”) (in German), Zeitschrift für Wirtschaftsrecht December 2019 (co-author)
"Google for Jobs: Revolution einer Branche auf Kosten Dritter?" (revolution of an industry at the expense of third parties?), Focus Online, 2019
"Saving Face(book) - Why the FCO didn't "like" the social media giant's data practices", Competition Law Insights 3/2019
“Data Exploiting as Abuse of Dominance: The German Facebook Decision”, Hausfeld Competition Bulletin 1/2019 (Winner, 2020 Concurrences Antitrust Writing Awards: Business Articles, Unilateral Conduct)
"Fair Competition in Online Commerce: Amazon in the Focus of Competition Law" Kommunikation & Recht, Editorial 3/2019 (in German)
"Google Search (Shopping) as a Precedent for Disintermediation in Other Sectors: The Example of Google for Jobs", European Competition Law & Practice, 2019 (co-author)
"The EU's Competition Investigation into Amazon's Marketplace", Hausfeld Competition Bulletin 4/2018 (co-author, nominated for Concurrences Antitrust Writing Awards 2020)
“Google Search (Shopping): Etablierte Missbrauchskriterien für digitalen Präzendenzfall" (established criteria of abuse for digital precedent), Wirtschaft und Wettbewerb, 9/2017
“Frame sucht Einwilligung: Die neue Google-Bildersuche auf dem Prüfstand“ (frame in search of consent: the new Google Images Search under scrutiny), Multimedia und Recht, 8/2017 (co-author)
"Duty to Treat Downstream Rivals Equally: (Merely) a Natural Remedy to Google's Monopoly Leveraging Abuse", European Competition and Regulatory Law Review, 9/2017
“Medienkartellrecht – die aktuelle Fallpraxis” (media competition law – the current case law), Kommunikation und Recht, 9/2016
“Moving towards a World of Selfies? A Critical View of the EU legislative framework for the use of images online”, GRUR International, 7/2016
“Regulatory Challenges of the Internet of Things,” Computer and Telecommunications Law Review, December 2015 (co-author)
“Defining Markets for Multi-Sided Platforms,” World Competition, September 2015
“The EU Competition Investigation of Internet Search,” Computer Law Review International, April 2013 (co-author)
“Google: Friend or Foe of Ad-Financed Content-Providers?,” Journal of Media Law, 2013
“Telekommunikationsrecht. Berliner Kommentar”, Deutscher Fachverlag, 2009, 2013 (co-author)
“Competition Law in Intellectual Property Litigation,” European Competition Journal, 2011
"Zeitliche Grenzen für die Rückforderung überhöhter Infrastrukturentgelte," Netzwirtschaften und Recht, 2010
“Abuse of Market Dominance: The Refusal to Supply Competitors under Article 82 EC,” VDM Publishing, 2009
Speech, “DMA – The Digital Markets Act”, Annual Conference on European Media Law, Institute of EU Media Law (EMR), 2021 The impact of the proposed DSA & DMA on commercial broadcasting - Bing video
WHAT OTHERS SAY
Thomas Höppner is recognized in Juve, Legal 500 Germany and Who's Who Legal and other publications, such as Best Lawyers Awards, as one of the leading antitrust lawyers in Germany with outstanding expertise in the field of digital economies. His article "Data Exploiting as an Abuse of Dominance: The German Facebook Decision" won the 2020 Antitrust Writing Awards.
"there are not many who have such a deep background on Google," said one client. - Antitrust, 2020.
It highlights its "expertise in the digital economy." - Antitrust, 2018
Legal 500 Germany
"Thomas Höppner is professionally brilliant, intrinsically motivated, and has a fast grasp of even complex business issues." He "not only provides legal advice, but understands the overall context." - Competition Law, 2021
He "has many years of experience in proceedings at the EU Commission, is very well connected as a result and extremely proactive." - Competition Law, 2020
Who's Who Legal
Recognised as a Global Leader for Competition Plaintiff in the 2021 edition of Who’s Who Legal ‘Global Leaders 2021’.
A “very smart lawyer”, “Outstanding understanding of very complex technical and economic systems, in particular digital platform market, outstanding knowledge of competition law, outstanding written and oral argumentation” – Competition, 2020
WHAT OTHERS SAY
Legal 500 Germany, 2021
Thomas is professionally brilliant, intrinsically motivated and has a lightning-fast grasp of even complex business issues.
Legal 500 Germany, 2020
Hausfeld, and Thomas in particular, has deep expertise in digital business models in addition to knowledge in antitrust law.
Who's Who legal, 2020
'very smart lawyer', 'Outstanding understanding of very complex technical and economic systems, in particular digital platform market, outstanding knowledge of competition law, outstanding written and oral argumentation'
Client: 'There are not many who have such a deep background on Google.' (Competition)
Expertise in the digital economy.