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Antitrust, Competition & Trade

27/10/2023
JUVE Awards 2023: CMS recognised as Law Firm of the Year for Antitrust
Berlin – International commercial law firm CMS Germany was recognised yesterday evening as Law Firm of the Year for Antitrust at the JUVE Awards 2023. The JUVE Awards are regarded as among the most...

Companies face a constantly evolving array of antitrust and competition law requirements. In particular, competition law is gaining in importance due to sustainable and digital transformation of the economy. Our competition law specialists have been providing comprehensive advice on all aspects of German and EU antitrust,/ competition law and foreign trade law for decades. They also have long experience of representing companies in all proceedings before public authorities and in the courts of the European Union and Germany, combining technical excellence with strategic farsightedness. 

With more than 30 lawyers, our German competition law team is one of the biggest practices in the market. We also provide a unique perspective on cross-border projects and issues thanks to over 225 highly capable antitrust/competition lawyers in our CMS offices across more than 40 countries, including 20 EU member states. 

Service portfolio 

We offer our clients advice in all areas of antitrust, competition and foreign trade law. 

Based on our decades of advice in the field, we have an in-depth understanding of the competition dynamics in a wide range of economic sectors. We have particular expertise in automotive & mobility, consumer goods, the engineering and manufacturing industry, media, the digital economy and in regulated sectors, i.e. energy, pharmaceuticals & healthcare, life sciences and telecommunication. This enables us to provide our clients with real-world advice, both operationally and strategically, and to protect their interests efficiently before public authorities and courts.

CMS EU Law Office in Brussels

Brussels is the political centre of Europe and the seat of the European Commission. We have our own presence here through the CMS EU Law Office. The lawyers at the CMS EU Law Office benefit from excellent links in Brussels and long-standing contacts with decision makers at the European Commission, the European Parliament and other key European institutions at EU level.

Always abreast of legal developments

In association with Düsseldorf University, we organise the EU Competition Conference, which has become a fixture in the calendar of conferences specialising in competition law. We use our blog (in German only), the Law Now knowledge platform and  our EU competition law briefings to provide information on the latest case law and on European and international developments in antitrust and competition law and foreign trade law.  

22/03/2024
EU Competition Law Briefings 2024
The EU Competition Law Briefings have been created to provide a platform for our clients and other competition law experts to stay up to date on the developments of EU Competition Law. Every month CMS competition experts will present a recent case by the EU Commission or Community Courts during a webinar.
21/06/2021
DiGi POD – The podcast series on trending competition law developments
Our podcast series DiGi POD has been created to provide a platform for our clients, competition law experts as well as competition law enthusiasts to stay up to date on the developments and trending topics in connection with competition law. List of episodes:Episode 3: Vertical restraints under the cartel prohibition: what is expected to change after May 2022?Episode 2: Screening foreign subsidies – only for state aid en­thu­si­asts? Epis­ode 1: Digital markets and online platforms
31/01/2022
CMS Competition Associates
Our CMS Competition Associates’ (CMS-CA) group is a key initiative to provide our junior and senior associates with a platform for the younger generation, drive collaboration and foster innovation at all levels within the CMS Antitrust, Competition & Trade Group, both internally and externally. All associates in the CMS Competition & EU Group are invited to submit applications for membership on a biennial basis. We currently have 24 members from 23 offices, working on various initiatives and three key projects:DiGi PODe-Learningin­foX­chan­geThe focus of each of these projects is on the seamless sharing of key knowledge and experience throughout the CMS Competition & EU Group and to clients internationally, meaning that all can benefit from the most up-to-date cross-border specialist knowledge and advice. Members of the CMS-CA group can volunteer to assist with any of these projects and progress the initiatives independently, with the full support of the CMS Competition & EU Group. Members are also constantly encouraged to come up with and develop new internal and external initiatives, with a particular focus on embracing the newest and most innovative technologies. In addition, the CMS-CA group is actively involved in most activities of the CMS Competition & EU Group, including the annual CMS Competition Conference and the monthly EU Competition Law Briefings. Furthermore, members of the CMS-CA group both conduct internal training sessions to keep the CMS Competition & EU Group abreast of the most recent developments and develop online training for specific clients.
CMS has a strong and extremely capable competition law team.
The Legal 500 Deutschland, 2021
Technically very competent, always well available, and very interested in supporting us in finding practical solutions.
Chambers Europe, 2021
One client describes the team as “professionally good, offering practice-oriented advice,” before applauding CMS for “standing up for the interests of the clients and trying to solve the issues and remove complexity.
Chambers Europe, 2021

Solutions for today and tomorrow 

Competition - Digital Regulation
New legislation for the digital age
EU Green Deal and Competition Law
The ambitious European Green Deal is one of the European Commission’s key programmes. Accordingly, it has announced that all aspects of EU competition policy (competition law, merger control and state aid) must contribute to implementing the Green De
Expertise
18/03/2024
E-learning | Competition law – basics
This e-learning course provides you with the basics of the main bans under competition law, highlights the various severe legal consequences of competition law violations and provides recommendations on what to do in the event of searches by competition authorities.

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Merger control
We assist our clients with all merger control issues. To do this, we draw on the many years of experience gained from the impressive deal flow handled
Vertical agreements
We advise our clients on the strategic design, review and (re)structuring of sales and distribution systems. They benefit from our long and wide-rangi
Cartel fine and administrative proceedings
We defend our clients in fine proceedings and administrative proceedings brought by the competition authorities, and also in any subsequent court proc
Cartel damages claims
CMS is one of the leading law firms for cartel damages claims. Our litigation and competition law specialists were pioneers in this field and continue
Horizontal agreements
Cooperation between competitors. Our experts can support you around structuring your cooperation in compliance with competition law:Joint venturesSpec
Competition law compliance
Compliance with competition law is a key part of responsible corporate governance.Our experts for competition law compliance provide comprehensive sup
State aid
State aid is one of the fastest-changing areas of law. Given the current economic and geopolitical situation, past crises and green transformation of
Regulated industries
Our breadth of expertise, combined with our industry knowledge, enables us to provide comprehensive advice to companies operating in regulated markets
Foreign Investment control
Foreign investment screening has steadily gained in importance over recent years. Germany has increasingly tightened foreign investment control rules
Trade
In an increasingly challenging international business environment, we leverage our expertise in foreign trade law to help our clients comply with lega
Competition law and digitisation
Digitisation is triggering fundamental changes across the economy. It enables data-driven, innovative business models while also transforming traditio
CMS Client Academy
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18/03/2024
E-learning | Competition law – basics
This e-learning course provides you with the basics of the main bans under competition law, highlights the various severe legal consequences of competition law violations and provides recommendations on what to do in the event of searches by competition authorities.
18/03/2024
E-learning | Contact with competitors – basic competition law rules
Our e-learning course on dealing with competitors provides our clients with a sound basis for training their employees. This e-learning course guides through the correct conduct under competition law when in contact with competitors.
14/03/2024
CMS advises Encavis management board on EUR 2.8 billion takeover offer...
Ham­burg/Frank­furt – KKR has today announced a voluntary public takeover offer made to all the other shareholders of Encavis AG of EUR 17.50 per share in cash. This represents a transaction volume of around EUR 2.8 billion. Family-owned business Viessmann GmbH & Co. KG will participate as co-investor in the KKR-led consortium. The offeror has signed binding agreements with Abacon Capital GmbH and other major shareholders holding around 31% of the total share capital. These shareholders will continue to be long-term investors in the company indirectly through a stake in the offeror’s corporate structure. Encavis and the offeror have signed an investor agreement on the key points of the transaction. In line with the investor negotiations, the consortium will support the strategic ambitions of Encavis to accelerate growth. The offer document will be submitted by the offeror within the next two weeks for approval by the German Federal Financial Supervisory Authority (BaFin). Completion of the transaction is subject to a minimum acceptance threshold and regulatory approvals, among other conditions. CMS advised Encavis on the investor agreement via a team headed by Dr Henrik Drinkuth and Ayleen Görisch, together with Freshfields Bruckhaus Deringer, and will advise the Encavis management board on all legal aspects of the takeover offer. The company is a longstanding CMS client. CMS Germany Dr Henrik Drinkuth, Partner Ayleen Görisch, Counsel, both Lead Dr Hendrik Quast, Senior Associate, all Corporate/M&A Christoff Soltau, Partner Kai Neuhaus, Partner Dr Robert Bodewig, Senior Associate David Rappenglück, Associate, all Antitrust, Competition & Trade Philipp Melzer, Partner Hatice Akyel, Counsel Patrick Damanik, Senior Associate, all Banking, Finance & Insurance Encavis Natalie Grüber (Head of Legal)Press Con­tact presse@cms-hs. com
12/03/2024
Multi-billion incentive programme for climate-friendly industry launched:...
Berlin – The German government is aiming to make German industry carbon-neutral by 2045. In line with this commitment, on Tuesday, 12 March 2024 the Federal Ministry for Economic Affairs and Climate Action launched the world’s first bidding process for a programme to fund climate action contracts. Based on carbon contracts for difference, these climate action contracts promote investment in climate-friendly production facilities that would not otherwise be economically viable at this point in time. The programme is primarily aimed at operators of emis­sion-in­tens­ive plants, such as in the steel, paper, chemicals, metal and glass industries. Climate action contracts provide an incentive to develop and build the required technologies and infrastructure in Germany now. This will not only avoid around 350 million tonnes of CO2 over the term of the funding programme up to 2045, but is also designed to kick-start the urgently needed market transformation while simultaneously setting new international standards for efficient, low-bureaucracy support. The climate action contracts are intended as both a key tool for climate change mitigation and to strengthen Germany as a country with a long history of industry and innovation. EUR 4 billion has been made available over a 15-year term for the initial bidding process that has now been opened. Companies that were successful in the preparatory phase in the summer of 2023 can apply to take part in the initial bidding process within the next four months. As Germany’s economics minister announced at today’s press conference, the second round of bidding will be conducted later in 2024, with EUR 19 billion available for this purpose. Two further rounds of bidding are scheduled for 2025.A CMS team headed by lead partner Dr Jürgen Frodermann advised the Federal Ministry for Economic Affairs and Climate Action on all aspects of subsidy, state aid, contract and energy law with regard to the support programme. The advice related in particular to drafting a funding policy and associated climate action contracts to be concluded between the state and companies eligible for funding. The work also included support around the notification procedure to the European Commission. In view of the pioneering nature of the funding programme, the CMS team had to deal with legal issues arising in connection with the programme in both a European and a national context, while also ensuring close alignment with the defined technical and economic objectives. The support was provided through an in­ter­dis­cip­lin­ary consortium headed by lead project manager Jülich, together with VDI/VDE Innovation + Technik and Deloitte. CMS Germany Dr Jürgen Frodermann, Lead Partner Dr Nico Hannemann, Senior Associate Dr Nora Zabel, Counsel Björn Hopen, Associate Nina Becker, Associate, all Contract Law Shaghayegh Smousavi, Partner, Energy / Regulation Dr Jakob Steiff, Partner Dr André Lippert, Partner Dr Sven Brockhoff, Counsel Dr Annchristin Streuber, As­so­ci­ate Con­stan­ze Schweidtmann, Associate, all Public Law / Subsidy Law Dr Michael Bauer, Partner Louisa Thomasberger, Associate, both State Aid Dr Martin Friedberg, Partner, TaxPress Con­tact presse@cms-hs. com
12/03/2024
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
05/03/2024
European Commission authorises EUR 550 million Italian hydrogen aid scheme
On 30 January 2024, the European Commission authorised an Italian hydrogen aid scheme with a budget of EUR 550 million under the Temporary Crisis and Transition Framework.The Green Deal industrial planThe...
28/02/2024
CMS advises Bruker on the multi-jur­is­dic­tion­al acquisition of ELITech,...
Frankfurt/Main – Bruker has agreed to acquire ELITechGroup, a provider of specialty in vitro diagnostic (IVD) systems, from TecFin S.à r.l., a controlled affiliate of PAI Partners, a pre-eminent private equity firm, for EUR 870 million in cash, excluding the carved out ELITech clinical chemistry business. The transaction is expected to close in the second quarter of 2024, subject to regulatory approvals and other customary closing conditions.A team of CMS Germany headed by lead partner Dr Hendrik Hirsch acted as lead transaction counsel on this landmark transaction for Bruker's MDx business covering all M&A aspects of the transaction, IVDR and other regulatory aspects, antitrust and FDI filings, the carve out of the clinical chemistry business and support on the employee consultation processes in France and the Netherlands. ELITechGroup, with over 500 employees and over 40 active patents, develops and commercializes innovative, proprietary molecular diagnostic (MDx) systems and assays, as well as niche biomedical systems and microbiology products. Its molecular diagnostic business accounts for the majority of the to-be-acquired revenues and provides the unique sample-to-answer (S2A) instruments InGenius® and Be-Genius® in the mid-to-high throughput MDx category with PCR diagnostic assays for infections and diseases. ELITechGroup, excluding the clinical chemistry business, achieved approximately EUR 150 million in revenues in 2023. ELITechGroup generates the majority of its revenues from Europe, with significant business also in North and Latin America. Its major R&D and production sites are in Italy, the United States, France and Germany. CMS Germany Dr Hendrik Hirsch, Partner, Co-Lead Dr Jacob Siebert, Partner, Co-Lead Dr Dirk Baukholt, Principal Counsel Dr Berrit Roth-Mingram, Counsel Dr Maximilian Stark, Senior Associate, all Corporate/M&A Dr Roland Wiring, Partner Lukas Burgdorff, Associate Noah Rodenkirchen, Associate, all Regulatory & Lifesciences Dr Thomas Hirse, Part­ner Se­basti­an Vautz, Senior Associate Lisa Dietrich, Associate, all IP Dr Michael Bauer, Partner Stefan Lehr, Partner Kai Neuhaus, Partner Moritz Pottek, Counsel Dr. Denis Schlimpert, Counsel Kirsten Baubkus-Gerard, Senior Associate David Rappenglück, As­so­ci­ate Be­ne­dikt Christian Voss, Associate, all Antitrust, Competition & Trade Dr Thomas de la Motte, Partner Dr Markus Pfaff, Partner Dr André Frischemeier, Partner Hatice Aykel, Counsel Alisa Brehm, Senior Associate Thomas Schaak, Senior Associate Dr Sait Dogan, Associate, all Banking & Finance  Dr André Lippert, Part­ner Con­stan­ze Schweidtmann, Associate, both Real Estate & Public Dr Boris Alles, Partner Dr Theresa Kipp, Senior Associate, both Labor, Employment & Pensions CMS France Benoît Gomel, Partner Vincent Desbenoit, Associate Dylan Allali, all Corporate/M&A Caroline Froger-Michon, Partner Aurélie Parchet, As­so­ci­ate Ca­m­ille Baumgarten, Associate Sophie Yin, all Em­ploy­ment Claire Vannini, Partner Eleni Moraïtou, Coun­sel Lilia-Ori­ana Dif, Associate Ariane Rolin, all Competition & EU  Jean-Bap­tiste Thiénot, Partner Anaïs Arnal, Associate, both Intellectual Property Laurine Mayer, Associate, TMC Alexandre Chazot, Counsel, Banking & Fin­ance  Thi­erry Granier, Partner Renaud Grob, Partner, both Tax Arnaud Valverde, Senior Associate, Real Estate Olivier Kuhn, Partner Cécile Rebiffé, Counsel Mylène Garrouste, all Dispute Res­ol­u­tion Kawthar Ben Khelil, Coun­sel Jean-Pierre Malili, Associate, both Public law/In­fra­struc­ture CMS Italy Massimo Trentino, Partner, Corporate/M&A Maria Letizia Patania, Partner, Lifescience & Healthcare Gian Marco Lettieri, Senior Associate, Employment & Pensions Giulio Poggioli, Counsel Valerio Giuseppe Daniele, As­so­ci­ate Francesca Durante, Junior As­so­ci­ate  Arianna Toccaceli, Junior Associate, all Banking & Finance CMS Luxembourg Gérard Maitrejean, Partner Miruna Poenaru, Coun­sel Max­imili­an Helfgen, Associate, all Corporate/M&A CMS UK Jack Letson, Partner Lindsay McAllister, Associate, both Corporate/M&A David Dennis, Partner, Commercial CMS Netherlands Pieter van Duijvenvoorde, Partner Robert Jong, both Corporate/M&A Nigel Henssen Fleur van Assendelft de Coningh, both Employment Edmon Oude Elferink, Partner Marijke van der Vossen, both Antitrust, Competition & Trade CMS Serbia Radivoje Petrikić, Partner Mila Drljević, both Corporate/M&A CMS Austria Dieter Zandler, Partner Vanessa Horaceck, both Competition & EU CMS Ukraine Maria Orlyk, Partner Diana Valyeyeva CMS Turkiye Döne Yalçın, Partner Arcan Kemahlı,  Sa­ba­hat­tin Öztemiz Taner ElmasPress Con­tact presse@cms-hs. com
21/02/2024
CMS advises MVZ Laaff on sale to amedes
Stuttgart – The founder of medical laboratory MVZ Laaff, Prof. Helmut Laaff, has sold MVZ Laaff GmbH with its facilities in Freiburg, Heilbronn and Ulm to the amedes Group. amedes is a leading German lab services provider, operating a number of healthcare centres throughout Germany with different specialisations. MVZ Laaff provides services in fields of medicine including derma­to­path­o­logy, general pathology, immunohistology, molecular pathology and cytology, and is one of the leading laboratories in these specialist areas. Details of the transaction were not disclosed.A CMS team headed by lead partner Dr Christoph Lächler advised Prof. Helmut Laaff on all legal aspects of the transaction. The sale took place by way of an auction process. A particular focus of the advice was on structuring the transaction and the associated regulatory issues. CMS Germany Dr Christoph Lächler, Lead Part­ner Stefan-Ul­rich Müller, Partner Dr Jacob Siebert, Partner Viktoria Barthel, Senior Associate Tobias Kalski, Senior As­so­ci­ate An­dreas Kazmaier, Associate, all Corporate/M&A Dr Roland Wiring, Partner Dr Siham Hidar, Senior Associate, both Regulatory Dr Harald Kahlenberg, Partner Angelika Wieczorkowski, Senior Associate, both Antitrust, Competition & Trade Dr Stefan Voss, Partner Lukas Potstada, Counsel, both Real Estate Dr Martin Mohr, Partner, TaxPress Con­tact presse@cms-hs. com
20/02/2024
CMS advises HIRMER Group on sale of Travel Charme Hotels & Resorts to REWE...
Leipzig – The HIRMER Group has sold Travel Charme Hotel GmbH & Co. KG with its 13 exclusive hotels and resorts across Germany, Austria and Italy to DSR Hotel Holding GmbH. Travel Charme is regarded as an expert in the premium segment of the leisure hotel industry. It operates hotels in top locations, particularly in the Baltic region and in the Alps. The acquisition of Travel Charme boosts DSR Hotel Holding’s portfolio to a total of 35 hotels, thus expanding its market position in the German and Austrian holiday hotel sector. The transaction is currently awaiting approval from the merger control authorities. The parties agreed not to disclose further details.A CMS team headed by Dr Jochen Lux advised the HIRMER Group on all legal aspects of the sale. The company also relied on the expertise of CMS when it acquired Travel Charme in 2018. The Munich-based HIRMER Group is wholly owned by the Hirmer family. It employs some 1,800 people and operates in the fields of fashion retail, real estate management and development and in the hotel industry. DSR Hotel Holding is majority owned by DER Touristik, making it part of the REWE Group. It operates and markets a high-quality hotel portfolio comprising both growth-oriented hotel/resort brands and traditional individual hotels. CMS Germany Dr Jochen Lux, Lead Partner Dr Kevin Schmidt, Senior As­so­ci­ate Madeline Göbel, Senior As­so­ci­ate Theresa Bendix, Project Manager Nadine Fröhlich, Project Manager, all Corporate/M&A Dr Martin Mohr, Partner, Tax Dr Rolf Hempel, Partner Martin Cholewa, Counsel, both Antitrust, Competition & TradePress Con­tact presse@cms-hs. com
14/02/2024
CMS advises automotive supplier Webasto on sale of charging business to...
Cologne – Webasto, a leading global automotive supplier headquartered in Stockdorf near Munich, has sold a majority stake in its charging solutions business. The business includes charging cables, mobile chargers and wallboxes. The German company is one of the 100 largest suppliers to the automotive sector worldwide and will remain invested in the division as a minority shareholder. It intends to focus on its core business segments going forward. In 2022, Webasto took the strategic decision to seek an investor for the charging solutions business. The buyer is private equity firm Transom Capital Group, based in Los Angeles, USA. The two companies signed a purchase agreement on 7 February 2024. Further details of the transaction were not disclosed.A CMS team headed by lead partner Klaus Jäger advised Webasto on all legal aspects of the sale. The German CMS team worked closely with CMS teams from Mexico City and Beijing, as well as US law firms Miller & Martin PLLC and Locke Lord LLP. The sales process was highly complex, partly due to the fact that prior to the sale the unit in question needed to be restructured by taking appropriate action across a number of different jurisdictions. Webasto has relied on the expertise of CMS in the past, most recently when acquiring all the shares in Luxembourg company Carlex Glass. Established in 1901, automotive supplier Webasto focuses on roof systems and on vehicle electrification in its development, manufacturing and sales operations. The product range includes openable and fixed roofs, electric high-voltage heaters and batteries and thermo management solutions. Webasto’s customers range from manufacturers of passenger cars, commercial vehicles and boats to dealers and end customers. In 2022, the group generated sales of over EUR 4 billion and employed some 16,800 people across more than 50 locations worldwide. CMS Germany Klaus Jäger, Lead Part­ner Anna-Lena Löcherbach, Counsel Philipp Knopp, Senior As­so­ci­ate Domin­ic Zimmer, Associate Nina Fink, Associate, all Corporate/M&A Dr Angela Emmert, Partner Lennard Martin Lürwer, Counsel Marcel Heinen, Senior Associate, all Labor, Employment & Pensions Dr Sebastian Cording, Partner Lars Howe, Associate Dr Markus Kaulartz, Partner Dr Reemt Matthiesen, Partner, all TMC Dr Alexandra Schluck-Amend, Partner Manuel Nann, Senior As­so­ci­ate  Fran­ziska Fuchs, Senior Associate, all Restructuring and Insolvency Lars Eckhoff, Partner Dr Philipp Rohdenburg, Counsel, both Commercial Dr Dirk Smielick, Principal Counsel, Intellectual Property Dr Christian Scherer, Partner, Real Estate & Public Barbara Bayer, Counsel, Banking, Finance & Insurance Moritz Pottek, Counsel, Antitrust, Competition & Trade Dr Arne Burmester, Principal Counsel Conrad Gräwe, Legal Coordinator Romy Rosenhahn, Legal Co­ordin­at­or Stephanie Schulz, Legal Co­ordin­at­or Steven Washington, Legal Co­ordin­at­or Tag­rid Chahrour, Senior Legal Specialist Anke Clippingdale, Senior Legal Specialist Lisa Mattmann, Senior Legal Specialist Sarah Przybylski, Senior Legal Specialist Edris Trabzadah, Senior Legal Specialist Faraz Ahmad, Legal Specialist Jule Marie Holz, Legal Specialist Sofia Schreiner, Legal Spe­cial­ist Al­ex­an­der Stadahl, Legal Specialist, all Smart Operations CMS China Dr Falk Lichtenstein, Partner, Corporate/M&A CMS Mexico Giancarlo Schievenini, Partner, Corporate/M&A MILLER & MARTIN PLLC, Attorneys at Law, Chattanooga, USA Mike Marshall, Partner Joe De Lisle, Partner Locke Lord LLP, Boston, USA Jonathan Joung, PartnerPress Con­tact presse@cms-hs. com   
14/02/2024
CMS advises paint and coatings producer KANSAI HELIOS on the acquisition...
Cologne – KANSAI HELIOS has acquired the entire industrial coatings business of GREBE Holding, based in Weilburg in Hessen, Germany, which operates under the name WEILBURGER Coatings. WEILBURGER Coatings is a well-known manufacturer of industrial coatings and comprises of WEILBURGER Coatings GmbH in Weilburg and WEILBURGER Asia Limited in Hong Kong. The share purchase agreement was signed on February 9, 2024. With the acquisition, KANSAI HELIOS intends to significantly expand its strategic position as a system supplier and manufacturer of industrial coatings and extend its geographical presence internationally. The company will also gain additional expertise, distribution channels, production and storage capacities. The parties involved have agreed not to disclose further details of the transaction. An international CMS team headed by Lead Partner Klaus Jäger and Christoph Schröer provided KANSAI HELIOS with comprehensive legal advice on the acquisition. The complexity of the transaction is characterized in particular by the size of the acquired Weilburger Coatings Group, which, in addition to the German companies, includes subsidiaries in Brazil, China, France, Hong Kong, India, Italy, Turkey and the USA. In addition to the actual purchase agreements in Germany and Hong Kong, CMS drafted and negotiated numerous other contracts. In addition to CMS teams in Brazil, China, Hong Kong, Italy, Turkey, France, Serbia, Austria and the United Kingdom, the law firms MILLER & MARTIN PLLC from the USA and Vaish Associates Advocates from India also provided support. KANSAI HELIOS regularly relies on the expertise of CMS, most recently in connection with the acquisition of all shares in CWS Lackfabrik GmbH (CWS), which specializes in powder coatings and synthetic resins, including the group companies in Germany, the USA, Denmark and Poland. KANSAI HELIOS, headquartered in Vienna, is part of the Japanese KANSAI PAINT Group. The company has a history of more than 170 years and is one of the major global players in the paints and coatings market. KANSAI HELIOS designs, produces and distributes industrial coating solutions, bleaching and cleaning chemicals, materials for sticking and sealing, high-quality resins, architectural paints and refinishing coatings throughout Europe and beyond. WEILBURGER Coatings was founded in 1900 at its current headquarters in Weilburg and has group companies in Germany, Italy, France, Turkey, the USA, Brazil, India and China. With around 600 employees at seven production sites and several sales offices, the company is active worldwide and generates a turnover of around 150 million euros. CMS Germany Klaus Jäger, Lead Partner Dr Kai Wallisch, Part­ner Chris­toph Schröer, Senior Associate Dr Katharina Kapp, Associate Dr Henrik Meurer, As­so­ci­ate Domin­ic Zimmer, As­so­ci­ate Kath­rin Dengel, Associate, all Corporate/M&A Dr Björn Herbers, Partner Moritz Pottek, Counsel Dr Denis Schlimpert, Counsel Kirsten Baubkus-Gerard, Senior Associate Dr Robert Bodewig, Senior Associate David Rappenglück, Associate, all Antitrust, Competition & Trade Dr Dirk Smielick, Principal Counsel Claudia Böhmer, Counsel, both IP Dr Angela Emmert, Partner Dr Andreas Hofelich, Partner Dr Mario Brungs, Counsel Lennard Martin Lürwer, Counsel Marcel Heinen, Senior Associate, all Labor, Employment & Pensions Michael Kamps, Partner Thorsten Hemme, Principal Counsel Dr Arne Schmieke, Senior Associate, all TMC Dr Martin Friedberg, Partner, Tax law Dr André Lippert, Partner Maike Füchtmann, Senior Associate, both Real Estate & Public Dorothée Janzen, Partner Dr Philipp Rohdenburg, Counsel, both Com­mer­cial Birgit Wagner, Legal Manager Conrad Gräwe, Legal Co­ordin­at­or Steven Washington, Legal Coordinator Anke Clippingdale, Senior Legal Specialist Edris Trabzadah, Senior Legal Specialist Faraz Ahmad, Legal Specialist Sofia Schreiner, Legal Spe­cial­ist Al­ex­an­der Stadahl, Legal Specialist, all Smart Operations CMS Beijing Falk Licht­en­stein Roxy Meng CMS Milan Daniela Murer Alessandra Cuni CMS Rome Fabrizio Spagnolo CMS Istanbul Döne Yalçın Merve Akkuş CMS Paris Thomas Hains Marion Berberian CMS Belgrade Maja Stepanović CMS Vienna Dr Dieter Zandler CMS London Russell Hoare Melanie Lane Focaccia Amaral L S Advogados, Brazil in association with CMS Renata Homem de Melo Fontes Carla Anastácio Lau, Horton & Wise LLP, Hong Kong in association with CMS Shirley Lau Albert Jok MILLER & MARTIN PLLC, USA Joe DeLisle Vaish Associates Advocates, India Shrinivas SankaranPress Con­tact presse@cms-hs. com
02/02/2024
CMS successfully represents 130 cable network operators in feed-in fee...
Hamburg – The ARD regional public service broadcasters and Deutsche Netzmarketing GmbH (DNMG) have entered into a long-term cooperation agreement for distributing ARD programmes and services across the networks operated by DNMG members. The agreement is the result of a constructive and intensive negotiation process, which led to the parties settling their in-court dispute relating to non-dis­crim­in­at­ory feed-in terms.A CMS team headed by Dr Markus Schöner successfully represented DNMG and its network operators in the court proceedings. The CMS team previously worked on the test case brought by wilhelm. tel GmbH against ZDF, when the Federal Court of Justice (BGH) applied the prohibition of discrimination under competition law to the refusal to pay feed-in fees in a 2021 ruling. Following the case, the cable network operators affiliated with DNMG were able to resolve various issues with ZDF, including the feed-in fee. CMS is currently continuing to represent DNMG and its network operators in the remaining disputes with ARTE. CMS Germany Dr Markus Schöner, Lead Partner Dr Nantje Johnston, Principal Counsel Dr Tim Reher, Partner, all Antitrust, Competition & Trade Dr Matthias Schlingmann, Partner, Dispute ResolutionPress Con­tact presse@cms-hs. com