Expertise
Matthias Ulshöfer represents his clients in competition law and public procurement law before all German courts up to the Federal Court of Justice (Bundesgerichtshof – BGH), before public procurement tribunals, the Federal Cartel Office (Bundeskartellamt), the European Commission and the Court of Justice of the European Union (CJEU). He has for many years been recognised in leading directories as a leading lawyer, including as a “frequently recommended lawyer” in competition and public procurement law (JUVE), as a “Leading Name” / “Leading Individual” in “Public Procurement” and “Vergaberecht” by Legal 500 and Legal 500 EMEA (Europe, Middle East and Africa), and as a “Top Lawyer” (Wirtschaftswoche) and “Best Lawyer” in, among other areas, “Public Private Partnership” and “Competition” (Handelsblatt). In addition, he has repeatedly been named “Lawyer of the Year – Public Procurement” by Global Law Experts (GLE), received the “Lexology Client Choice Award 2025” in the category “Government Contracts” and is recognised by Lexology as a “Global Elite Thought Leader 2025” as well as “(highly) recommended” in the categories “Competition”, “Public Procurement” and “Government Contracts”.
In competition law, Matthias Ulshöfer has obtained several landmark decisions before the Higher Regional Court of Düsseldorf (OLG Düsseldorf) and the Federal Court of Justice (BGH) on the permissibility of joint ventures, on restrictions of competition and on exclusive arrangements in distribution agreements. He represents companies in merger control proceedings before the Federal Cartel Office and the European Commission, in foreign direct investment control proceedings and in proceedings under the Foreign Subsidies Regulation (FSR). He assists his clients in defending against or pursuing competition damages claims, in self‑cleaning measures following antitrust infringements and bid‑rigging, and in avoiding and removing entries in the Federal Cartel Office’s competition register.
In public procurement law, Matthias Ulshöfer represents domestic and international bidders from all sectors as well as public contracting authorities in review proceedings, frequently in relation to technically complex or innovative contracts, infrastructure projects, broadband expansion and FTTH, transport projects and tenders under the Procurement Regulation on Defence and Security (VSVgV). He advises on competition and foreign trade law interfaces that are relevant in markets shaped by public tenders: national and EU merger control, investment control, third‑country subsidy control (FSR), market access for third‑country suppliers in light of the CJEU decisions in “Kolin” and “Qingdao Sifang”, as well as anti‑dumping and anti‑subsidy proceedings before the European Commission.
On the contracting authority side, his clients include research institutions, public enterprises, ministries, districts, cities and municipalities, whom he advises and represents in the legally compliant design and implementation of EU‑wide and national procurement procedures and in defending against procurement complaints and review applications.
A particular focus of Matthias Ulshöfer’s practice is healthcare public procurement. For many years he has been closely involved in tenders for drug rebate contracts under Section 130a of the German Social Code Book V (SGB V) and in EU‑wide tenders for the procurement of medicinal products, cytostatics, biosimilars, radiological contrast media, medical devices and hospital information systems. He has helped to shape healthcare public procurement law through landmark cases before the federal public procurement tribunals, the higher regional courts and the CJEU, including on multi‑partner models, open‑house procedures and multi‑ingredient lots. Most recently, he successfully defended international generic manufacturers against damages claims in the multi‑million euro range arising from statutory health insurance (GKV) rebate contracts under Section 130a SGB V.