Jan Henning Buschfeld

Jan Henning Buschfeld is an experienced litigator who helps clients navigate complex, often cross-border disputes both in and out of court. He advises international and domestic clients across all areas of commercial law, with particular expertise in mass claims.

Jan’s practice focuses on antitrust litigation, where, over the past decade, he has been involved in some of the most prominent cartel damages cases in Germany and Europe. He has also successfully represented clients in damages actions related to the abuse of market dominance. Corporate clients further value Jan’s expertise in climate change-related liability, greenwashing, and other ESG risks. Notably, he represents a German energy company in a climate liability case.

In addition to litigation, Jan advises on arbitration matters, including ad hoc proceedings and those governed by ICC and other institutional rules.

Litigation

• Advising a French company in pursuing contractual and antitrust claims for continued supply and damages under a framework supply agreement against a German manufacturer.
• Defending clients both in and out of court against cartel damages claims following decisions by the European Commission and the German Federal Cartel Office, including proceedings related to the trucks, rail track, and hydrogen peroxide cartels.*
• Acting for clients in their defense against damages claims concerning the alleged abuse of a dominant market position, including representation of a media and publishing group as well as a mineral oil bunker and shipping company.*
• Representing a German energy company in climate change-related litigation.
• Defending a German Tier 1 automotive supplier in a supply dispute arising from a nomination letter.
• Advising a global chemical company in defending against claims related to damage to a chartered tanker vessel.
• Representing the claimant in asserting contractual claims for injunctive relief and information in connection with a cooperation agreement.
• Representing an investor in appraisal proceedings regarding the appropriate cash compensation for minority shareholders.
• Advising clients on collective and model proceedings, including defense against a model declaratory judgment action initiated by a consumer organization, as well as providing counsel in an action under the Capital Markets Model Case Act. *

Arbitration

• Representing the defendant in an arbitration under the rules of the German Arbitration Institute (DIS) arising from an international loan agreement.
• Representing a minority shareholder in a post-M&A arbitration under DIS rules concerning the purchase price payment for company shares following the exercise of a put option.
• Representing a client from the media sector in an arbitration under DIS rules regarding claims for injunctive relief, information, and damages under a cooperation agreement.
• Defending a gas supply company in ad hoc arbitration proceedings against payment claims related to a supply consortium.*
• Defending a gas supply company in ad hoc arbitration proceedings against repayment claims due to the invalidity of the supply contract under antitrust law.*
• Representing a pharmaceutical manufacturer in an arbitration under the rules of the International Chamber of Commerce (ICC) and Swiss law against the U.S. distributor of certain pharmaceuticals.*
• Representing the applicant in proceedings for the recognition and enforcement in Germany of a foreign arbitral award (ICC).

(*previous law firm)

• The Best LawyersTM in Germany for Litigation

• University of Cologne
• First State Law Examination, Cologne
• Legal Clerkship (Referendariat), Cologne, Düsseldorf, London
• Second State Law Examination (bar exam), Düsseldorf

• Düsseldorf, Germany

• Anglais
• Allemand

• German Arbitration Institute (DIS)
• Competition Litigation Forum
• Studienvereinigung Kartellrecht