Prof. Dr. Thomas Höppner
Prof. Dr. Thomas Höppner is a competition lawyer and Partner at Hausfeld, advising on all areas of antitrust law, economic regulation and intellectual property. His practice covers the full range of contentious and non-contentious competition law matters, including related regulatory areas such as media, telecommunications and artificial intelligence.
Thomas has spearheaded complaints before competition authorities and taken competition claims before civil courts, particularly in the context of abuse of dominance and damage claims. He has particular expertise in technology, media and network industries where he regularly advises clients in complex litigation at the interface of competition law, sector-specific regulation, data protection and IP law. Recent cases include representing complainants in big data investigations relating to Alphabet (e.g. Google Search (Shopping), Android, AdTech, Privacy Sandbox, News Showcase), Apple (ATT, App Store), Amazon (Buy-Box) and Microsoft (Teams I, II), including their respective non-compliance with the Digital Markets Act; private enforcement of competition law claims for damages (e.g. idealo, Heureka, Google AdTech) and injunctive relief (e.g. NetDoktor, ImmoWelt, AdBlock) as well as a cross-industry State aid complaint relating to the public media funding.
Thomas also acts as a Mediator in commercial disputes relating to online intermediaries pursuant to the Platform-to-Business Regulation (P2B) and the Digital Markets Act (DMA).
In 2024, legal directory JUVE listed Thomas as one of 10 leading advisors in the area of antitrust law and the platform economy, and the only one not acting for any designated Gatekeeper under the DMA. He is also listed as one of 10 leading lawyers in the field of media competition law as well as a Thought Leader for competition law in Germany by Who’s Who Legal.
Having studied in Berlin, Glasgow and Dundee, Thomas holds a Ph.D. (summa cum laude) and an LL.M in competition law. He was appointed as “Professor of Law” in the year 2016 and lectured in Business, IP and Marketing Law at Technical University Wildau until 2023. Previously he was a Visiting Professor for telecoms law at the University of Strathclyde, Glasgow.
Thomas has authored/co-authored over 100 articles and six books and regularly speaks on current topics of competition and technology. His latest book on “Self-Preferencing in Online Search” can be downloaded here. The second edition of his book “Digital Advertising and the Google Ecosystem” (in German) will be published in 2025. His previous book, Google's (Non-) Compliance with the EU Shopping Decision, can be downloaded here for free.
Thomas won the exclusive ILO Client Choice Award for excellent client service in the area of competition law and was nominated for five Antitrust Writing Awards. According to a reference in Legal 500 (2023) “Thomas Höppner is probably the antitrust and regulatory lawyer who has by far the best grasp of the issues and regulation of BIG-Tech, both in fact and in law, in all of Europe.”
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 Thought Leader – Competition Plaintiffs (since 2022); Global Leader (since 2021) & National Leader Germany (since 2021 - Competition Plaintiffs and Competition Law (since 2024))
Best Lawyers Germany since 2017 - Competition/Antitrust, Information Technology Law, Media Law, Technology Law
Legal 500 Germany, recommended for competition law since 2018
Juve, recommended since 2013, listed as leading media competition lawyer (since 2022) and Top 10 advisors for competition law in the platform economy (2024)
Leaders in Law since 2019 - Media & Entertainment Law
OTHER PUBLICATIONS
Algorithmic Enforcement of Price Parity, 10 Hausfeld Competition Bulletin (co-author)
On the Antitrust Implications of Embedding Generative AI in Core Platform Services, Competition Policy International (CPI), Antitrust Chronicle, Spring 2024, Volume (1), 12 pages (co-author)
Self-Preferencing in Online Search Under Article 6(5) DMA, book
The Role of Data for Competition in Online Advertising, Competition Policy International (CPI), Antitrust Chronicle, Spring 2023 (co-author)
"The new Big Tech AI-Press” (in German) PRINT&more 1/2023, p. 44-45.
“Collective copyright licensing and the ban of anti-competitive agreements for the solo self-employed“, Zeitschrift für das gesamte Medienrecht AfP 1/2023, pp. 1 – 11 (Part 1) and AfP 2/2023 (Part 2).
“ChatGPT, Bard & Co.: an introduction to AI for competition and regulatory lawyers”, 9 Hausfeld Competition Bulleting (1/2023), Article 1 (co-author) (nominated for the Concurrences Antitrust Writing Awards 2024)
“Creative Destruction in Digital Ecosystems Revisited”, 9 Hausfeld Competition Bulletin (1/2023), Article 5
“EU General Court confirms landmark Google Android decision with strong signal for tougher antitrust enforcement in digital ecosystems”, Hausfeld Perspectives (co-author)
Data Protection as Pretext for Restraints of Competition. Why Apple’s and Google’s Restrictions of Personalised Advertisng are Anti-Competitive – and how Advertisers Fight Back against ATT and Privacy Sandbox“ (in German), Markenartikel 8/2022, pp. 60 – 63 (co-author)
“From Creative Destruction to Destruction of the Creatives: Innovation in Walled-Off Ecosystems”, 1 Journal of Law, Market & Innovation (JLMI) 2022, pp. 10 – 37
“Data protection is not protection of data empires” (in German) PRINT&more 2021, pp. 42-44
“The European Google Shopping Competition Saga, Compliance and the Rule of Law”, 15 Global Competition Litigation Review (G.C.L.R.), 1/2022, pp. 9-21
"Article-by-Article Commentary of Articles 10, 12-14 of Regulation" (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (Platform-to-business Regulation), edited by Christoph Busch (in German)
"Online Advertising: The French Competition Decision on Google’s Self-Preferencing in Ad Tech," Concurrences eCompetitions Sep 2021 II (nominated for the Concurrences Antitrust Writing Awards 2022)
“Restraints of Competition under the Disguise of Data Protection? - Apple's App Tracking Policy Under Scrutiny,” (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
Thomas Höppner is recognized in Juve, Legal 500 , Who's Who Legal, Best Lawyers and other directories as one of the leading antitrust lawyers in Germany with outstanding expertise in the field of digital economies.
JUVE
“penetrates digital cases like few others - makes life really difficult for a defence lawyer” – Juve Top 10 (Anti-)trust Advisors, 2024
Ranked as “leading media competition lawyers” – since 2022
"Thomas Höppner has a in-depth understanding of the internet economy” - Antitrust, 2023
“Stands for the tenacious fight against tech giants” – Antitrust Law of the Year, 2022
“Perfectly positioned as a challenger”, said a competitor – Antitrust, 2022
“Extremely competent and committed” said a client; “his complaint against Apple was extremely good” said a competitor – Antitrust, 2021
"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
One of the ten leading minds in antitrust law in the platform economy. His ability to "penetrate digital proceedings like few others and make life really difficult for defense lawyers" is particularly highlighted, Juve print edition 03/2024
Legal 500 Germany
“the specialist for GAFA victims in Germany and beyond” – Legal 500 Germany, 2024
“Thomas Höppner's team can only be described as outstanding. Extremely complex issues are excellently analysed and legally assessed in such a way that the results are comprehensible and immediately usable” – Legal 500 Germany, 2024
“Over the past ten years, Prof Höppner has shown that he and his team understand the extreme complexity of the ecosystems and business practices of big tech companies” – Legal 500 Germany, 2024
"Thomas Höppner is probably the antitrust and regulatory lawyer who has by far the best grasp of the issues and regulation of BIG-Tech, both in fact and in law, in all of Europe.” – Legal 500 Germany, 2023
“Thomas Höppner: Mr. Big Tech; no one knows the field of GAFAs and the legal problems of the digital industry better than him.” – Legal 500 Germany, 2023
“Thomas Höppner has always proven that he is one of the most noteworthy legal experts in the field of digital markets and network policy. Mr. Höppner is an excellent lawyer with outstanding legal knowledge who has always advised and supported us to our fullest satisfaction, especially in the area of competition policy. He provides first-class legal advice, incisive legal opinions and excellent litigation.” – Legal 500, Germany 2023
"Prof. Höppner has outstanding knowledge of both digital platforms and relevant law and the scientific discussion with them. Relentless and extremely knowledgeable representative of the client’s interests." - Legal 500 Germany, 2022
"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 Thought Leader in Competition Plaintiff & Competition Germany, Global Leader in Competition Plaintiff and National Leader for Competition Germany 2023: "Thomas has an unparalleled knowledge of the complex world of digital markets, digital advertising ecosystems and abuse of dominance in digital ecosystems."
Acknowledged as an "extremely versatile" practitioner who is "an outstanding subject matter expert on the legal aspects of antitrust law." – WWL Global Guide Competition, 2022
Recognised as single “Thought Leader” (since 2022) and “Global Leader” (since 2021) in category “Competition Plaintiffs” from Germany; also recognised as “National Leader” (since 2021) in category “Competition”.
Acknowledged as an "extremely versatile" practitioner who is "an outstanding subject matter expert on the legal aspects of antitrust law." Noted as single National Leader Germany - Competition Plaintiff 2022
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
Lexology Client Choice Awards
In 2021, Thomas won the exclusive Lexology Client Choice Awards 2021 for Competition in Germany.
Clients commented:
"Thomas Höppner is probably the antitrust and regulatory lawyer who has by far the best grasp of the issues and regulation of BIG-Tech, both in fact and in law, in all of Europe.”
Acknowledged as an "extremely versatile" practitioner who is "an outstanding subject matter expert on the legal aspects of antitrust law."
‘Prof. Höppner has outstanding knowledge of both digital platforms and relevant law and the scientific discussion with them. Relentless and extremely knowledgeable representative of the client’s interests.’
‘Prof. Thomas Höppner is an excellent advisor in the field of antitrust law. His very high level of expertise is paired with an extreme understanding of his clients’ economic concerns.’
“extremely versatile” practitioner who is recognised as “an outstanding subject matter expert on the legal aspects of antitrust law”
Thomas is professionally brilliant, intrinsically motivated and has a lightning-fast grasp of even complex business issues.
Hausfeld, and Thomas in particular, has deep expertise in digital business models in addition to knowledge in antitrust law.
'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'
No matter which competition law aspect it concerns, the quality of Thomas’s advice is consistently outstanding; legally, economically and technically solid and practically implementable.
Mr. Höppner is a sharp and brilliant legal pioneer in the competition sphere. Going straight to the heart of complex issues in record time, he guides clients in an honest and easy to understand way through every aspect of a case, in a calm but reassuringly positive manner.
I have never seen so much knowledge of facts and relevant law, especially in the field of digital network economics, plus outstanding creativity in argumentation and case analysis at a very reasonable price.
I personally like working with Thomas because he is so passionate about his work and genuinely cares for the cases he deals and the people he works with.