Competition Law in Germany

Transcription

1 Competition Law in Germany Finance & investment Maritime Energy Natural resources Transport Real estate ICT Corporate Finance Tax Dispute resolution Employment Regulatory London New York Paris Hamburg Munich Frankfurt Milan Rome Madrid Athens Singapore Bangkok Hong Kong wfw.com

2 Contents 01 Competition Law 02 Public Procurement and State Aid 03 Our Experience 04 Your Contacts 05 Our Offices

3 COMPETITION LAW 01 Competition Law Companies operating in all sectors today work under the pressure of increasing competition on the one hand and ever more complex regulation on the other. At Watson, Farley & Williams, our lawyers have a well rounded understanding of these requirements, and provide our clients with effective competition law advice in order to avoid risk, assist in negotiations, or provide supportive arguments in disputes. We advise on co operation projects, joint ventures and sales and purchasing agreements, making sure they are compliant with EU and German competition law. We also deliver high quality advice in relation to non compete obligations, exclusivity agreements, joint projects with competitors, claims for supply or access to facilities, information sharing and/or price management as well as other topics affecting our clients businesses on a day today basis. In merger control, we analyse worldwide notification requirements for our clients projects. We notify any relevant transactions to the Federal Cartel Office or the EU Commission, and place a high level of importance on the transaction time schedule when preparing the notification and dealing with the authorities. For merger proceedings in other jurisdictions we work efficiently with our other offices in important business centres, as well as with a network of local law firms. Managers and employees benefit from our compliance training sessions, tailored for our clients specific business and commercial environments. In these sessions, we explain relevant competition law requirements and how to implement these within regular business processes, so that compliance will soon become a meaningful part of everyday operations. We also provide a comprehensive audit of past conduct, checking if it was in line with the competition rules and advising on any required actions in case of breaches. In addition, we represent clients before the competition authorities and in court. Watson, Farley & Williams Competition Law in Germany

4 02 PUBLIC PROCUREMENT AND STATE AID Public Procurement and State Aid Public authorities and their counterparts can rely on our advice on the public procurement aspects of public private partnership projects and other agreements, where we advise in relation to tender proceedings and in disputes. Regularly working with investors and financing banks, we analyse whether or not potential projects bear procurement law risks. We have particular experience in the transport, real estate, energy and infrastructure sectors. In the field of state aid, our comprehensive advice includes matters in relation to the granting of subsidies, defending clients against claims for repayment of subsidies, and analysing whether or not there is a risk that received subsidies might be reclaimed.

5 OUR EXPERIENCE 03 Our Experience KGAL Providing EU merger control advice regarding a joint investment with GE Financial Services in a Spanish PV project. Producer of car parts Representing a manufacturer of car parts in an investigation by the EU Commission. Hochland Advising Hochland, one of the largest cheese manufacturers and refiners in Europe, in relation to competition law compliance, including compliance training and advice on various agreements and projects. Private Equity Fund Advising in relation to a claim by the purchaser of a portfolio company for indemnification from a cartel fine and assistance in the Federal Cartel Office proceedings. Company Executive Advising regarding a leniency application. Parcom Deutsche Private Equity Acting in merger control proceedings regarding the acquisition of Westfalia Automotive, a leading producer of tow bars and carrier solutions. PNE Wind AG Advising on merger control matters regarding the acquisition of WKN AG. The Riverside Company Advising in relation to merger control regarding the acquisition of Transporeon GmbH, a European market leader in Software as a Service (SaaS) solutions for FTL (full truck load) logistics. German town as operator of a ferry harbour Advising in relation to claims of a new ferry operator for access to the harbour infrastructure. Acciona Airport Services Advising regarding tender proceedings for ground handling services, including litigation. SNCF Voyages Town of Obertshausen Stadwerke Lübeck Developer of wind farms Advising in relation to the railway business in Germany, including public procurement and state aid law. Acting in negotiations relating to urban development agreements and public procurement advice regarding real estate project developments. Advising on public procurement and state aid aspects of real estate transactions. Advising on the negotiation of a grant agreement for EU subsidies. Watson, Farley & Williams Competition Law in Germany

6 04 YOUR CONTACTS Your Contacts Dr. Christine Bader Partner Hamburg Dr. Ivana Mikešić Partner Frankfurt Christine Bader is a partner in the Hamburg office and member of WFW s international Competition, Regulation & Networks Group. She specialises in German and EU competition law and advises clients from a number of sectors and markets on the full range of competition issues such as merger control, joint ventures, co operation projects and distribution schemes, investigations by the competition authorities, and compliance programmes. Christineʹs second focus is on the specific rules applicable to regulated industries, especially in the energy sector. Her practice also comprises public procurement and state aid. Christine is a member of Studienvereinigung Kartellrecht e.v., an association of German, Austrian and Swiss antitrust lawyers. She speaks German, English and French. Ivana Mikešić joined Watson, Farley & Williams as a partner in Frankfurt in January Ivana has a profound background as a regulatory specialist. She focuses on the energy, infrastructure and real estate sectors. Together with her team, she delivers legal, operational and strategic advice to developers, industrial players, institutional investors and governmental bodies. Defending her clientsʹ claims vis àvis the Administrative and Constitutional Courts is a substantial part of her working commitment. Her team provides the transmission link between the target asset and the relevant contract documentation in Corporate, Finance and Real Estate transactions.

7 OUR OFFICES 05 Our Offices London 15 Appold Street London EC2A 2HB England Rome Piazza Navona, 49 2nd floor int 2/ Rome Italy New York 1133 Avenue of the Americas New York NY USA Madrid Maria de Molina, Madrid Spain Paris 26, avenue des Champs Elysées Paris France Athens 6th floor, Building B, 348 Syngrou Avenue Kallithea Athens Greece Hamburg Jungfernstieg Hamburg Germany Singapore 6 Battery Road #28 01 Singapore Munich Gewürzmühlstraße Munich Germany Bangkok Unit 902, 9th Floor, GPF Witthayu Tower B 93/1 Wireless Road, Patumwan, Bangkok Thailand Frankfurt Ulmenstraße Frankfurt am Main Germany Hong Kong Units One Pacific Place 88 Queensway, Hong Kong Milan Piazza del Carmine Milan Italy All references to Watson, Farley & Williams and the firm in this publication mean Watson, Farley & Williams LLP and/or its affiliated undertakings. Any reference to a partner means a member of Watson, Farley & Williams LLP, or a member or partner in an affiliated undertaking, or an employee or consultant with equivalent standing and qualification. The transactions and matters referred to in this publication represent the experience of our lawyers. This publication is produced by Watson, Farley & Williams. It provides a summary of the legal issues, but is not intended to give specific legal advice. The situation described may not apply to your circumstances. If you require advice or have question or comments on its subject, please speak to your usual contact at Watson, Farley & Williams. This publication constitutes attorney advertising LON 12/08/2014 Watson, Farley & Williams 2014 Watson, Farley & Williams Competition Law in Germany

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