Cartel fine and administrative proceedings

Frankfurt/Main, 09.10.2024 – Nasdaq-listed Bruker Corporation has acquired Dynamic Biosensors GmbH, a Munich-based pioneer in single-cell interaction cytometry for drug discovery. Bruker and Dynamic Biosensors share the common goal of developing a range of instruments, workflows and consumables for the study of molecule-cell interactions in research-based drug discovery.A team led by lead partner Dr. Hendrik Hirsch provided comprehensive legal advice to Bruker on this transaction. The parties have agreed not to disclose further details of the transaction. Bruker is a long-standing client of CMS. The US company regularly relies on the expertise of CMS in acquisitions and divestitures. The current advice is further proof of the successful cooperation. CMS Germany Dr. Hendrik Hirsch, Lead Partner Dr. Berrit Roth-Mingram, Co-Lead, Counsel Dr. Maximilian Stark, Senior Associate Dr. Till Alexander von Poser, Associate Luca Eckrich, Associate, all Corporate/M&A  Dr. Roland Wiring, Partner, Regulatory & Life Sciences Dr. Thomas Hirse, Part­ner Se­basti­an Vautz, Senior Associate, both IP Dr. Michael Bauer, Partner  Stefan Lehr, Partner Moritz Pottek, Counsel  David Rappenglück, Associate, all Antitrust, Competition & Trade Dr. Boris Alles, Partner Dela Herr, Senior Associate  Lisa Hermann, Senior Associate, all Labor, Employment & Pensions Dr. Christian Scherer, Partner  Dr. Jakob Steiff, Partner  Dr. Florian Kuhlmann, Senior Associate Nicole Köppen, Senior Associate, all Public Law Jörg Schrade, Partner, TaxPress Con­tact presse@cms-hs. com

Stuttgart, 08.10.2024 – ElringKlinger AG, an independent global supplier to the automotive industry, has sold its subsidiaries in Sevelen (CH) and Buford (USA) to the CERTINA Group. El­ringK­linger’s plants in Sevelen and Buford manufacture shielding technology products for thermal and acoustic management in vehicles. The company generated revenue of approximately EUR 175 million at the two sites in 2023, with a combined headcount of around 650. This transaction is aimed at honing El­ringK­linger’s corporate profile and focusing the product portfolio along the path mapped out as part of its transformation strategy. The CERTINA Group is a family-owned industrial holding company. This deal adds two strong companies to its High Temperature Solutions division. The transaction is still subject to approval from the merger control authorities. The parties agreed not to disclose further details.A CMS team headed by lead partner Dr Christoph Lächler advised ElringKlinger AG on all legal aspects of the deal. The CMS team was supported by US law firm Barnes & Thornburg with regard to the US law aspects of the transaction. CMS Germany Dr Christoph Lächler, Lead Partner Daniel Mahn, Counsel Andreas Kazmaier, Senior Associate, all Corporate/M&A Dr Rolf Hempel, Partner, Antitrust, Competition & Trade Dr Marc Seibold, Partner Dr Anja Has­sel­mann-Thiede, Counsel, both Banking, Finance & Insurance Dr Martin Mohr, Partner, Tax CMS Switzerland Dr Stephan Werlen, LL.M., Part­ner Max­imili­an Hauser, Associate, both Corporate/M&A Helena Loretan, Associate, Real Estate Inhouse at ElringKlinger AG Dr Christof Dietborn, General Coun­sel Chris­toph­er Müller-Dahl, Senior Legal Counsel René Klein, Legal CounselPress Con­tact presse@cms-hs. com

Berlin, 07.10.2024 - PtX Development, an initiator and site developer for the production of green hydrogen, and KGAL, an independent investment and asset manager, have signed a financing agreement for the construction of one of Germany’s largest hydrogen production plants at the Hydrogen-Hub in Lubmin, Mecklen­burg-West­ern Pomerania.A CMS team headed by lead partner Dr Gerd Leutner advised PtX on all legal aspects of the agreement, from preparing for the financing process through contract design to contract negotiations and signing. The investment amount was not disclosed. The investment involves a large-scale electrolysis plant with an electrolysis capacity of more than one gigawatt (1,050 megawatts) and annual hydrogen production of around 100,000 tonnes in the final development stage. When completed, the plant will produce large quantities of hydrogen for industry, thus helping to significantly reduce CO2 emissions. PtX Development GmbH combines expertise in the hydrogen market and plant construction with capabilities in the implementation of complex construction and infrastructure projects. PtX Development was established in Berlin in 2020. CMS Germany Dr Gerd Leutner, Lead Partner, M&A Dr Antje Becker-Boley, Partner, M&A and Energy Dr Martin Eichholz, Senior As­so­ci­ate Max­imili­an Siebert, Associate, both M&A Dr Christiane Kappes, Partner Katja Meisel, Senior Associate, both Public Law Martin Cholewa, Counsel, Antitrust & CompetitionPress Con­tact presse@cms-hs. com

Ham­burg/Stut­tgart, 18.09.2024 – The German federal government and the Federal State of Lower Saxony are injecting funds to stabilise Meyer Werft, an international shipbuilding group. Each is providing EUR 200 million in equity capital for this purpose, acquiring in return around 80% of the shares in Meyer Werft GmbH. In addition, the two governments are providing guarantees totalling EUR 2.6 billion.A CMS team headed by Dr Henrik Drinkuth and Dr Alexandra Schluck-Amend advised the German federal government and the Federal State of Lower Saxony on all aspects of acquiring an equity interest. Meyer Werft is an international group engaged in the design, building and sale of vessels such as cruise ships, river cruise ships and ferries, with facilities including three shipyards in Germany. CMS Germany Dr Henrik Drinkuth, Lead Partner, Corporate/M&A Dr Alexandra Schluck-Amend, Lead Partner, Restructuring and In­solv­ency Char­lotte von der Heydt (LL.M., King’s College, London), Counsel Dr Paul Kintrup, Senior Associate, both Corporate/M&A Dr Inga Hogrefe, Senior Associate Manuel Nann, Senior As­so­ci­ate Fran­ziska Fuchs, Senior Associate, all Restructuring and Insolvency Artur Baron, Counsel Dr Josephine Doll, Associate, both Corporate/M&A Dr Lars Howe, Senior Associate, TMC Christoph Zarth, Partner Dr Carina Lutter, Senior Associate, both Maritime Dr Ursula Steinkemper, Partner Dr Hermann Müller, Partner Dr Stefan Bauer, Counsel Dr Arno Görlitz, Senior Associate, alle Public & Regulatory Dr Thomas de la Motte, Partner  Dr Sait Dogan, Associate  Kai Lüdiger, Associate, all Banking & Finance Dr Michael Bauer, Partner Dr Björn Herbers, Partner Moritz Pottek, Counsel Luisa Thomasberger, Associate David Rappenglück, As­so­ci­ate Be­ne­dikt Christian Voss, Associate, all Antitrust, Competition & TradePress Con­tact presse@cms-hs. com

Frankfurt am Main/Stuttgart, 18.09.2024 – The shareholders of AP&S, a specialist in the development and construction of wet process equipment used in the manufacture of microchips, have sold a majority holding to Meles GmbH. The transaction sees Meles GmbH acquiring a strategic 60% shareholding in the AP&S Group. The current shareholder family is retaining a substantial 40% stake. No further details of the deal were disclosed.A CMS team headed by Stuttgart partner Dr Maximilian Grub advised the AP&S shareholders on all legal and tax aspects of the transaction. The instruction for this transaction was acquired by Frankfurt-based partner Dr Hendrik Hirsch. AP&S International GmbH develops wet process solutions for the semiconductor, MEMS and microstructuring industries. It is a leading global supplier with more than 200 employees. In addition to its headquarters in the Baden-Württem­berg town of Donaueschingen, the AP&S Group has subsidiaries and branches in Germany, Malaysia, Singapore, China and the United States. CMS Germany Dr Maximilian Grub, Lead Partner Dr Maximilian Stark, Senior Associate Dr Hendrik Hirsch, Partner Julia Fünfgeld, Senior Associate, all Corporate/M&A Dr Martin Friedberg, Partner, Tax Dr Thomas Hirse, Partner Antonia Stoffers-Melzer, Senior Associate, both IP Stefan Lehr, Partner, Antitrust, Competition & TradePress Con­tact presse@cms-hs. com

Stuttgart, 05.09.2024 – Bechtle AG has acquired s.i.g. System Informations Gesellschaft mbH, which is based in Neu-Ulm and also has two other locations in Erfurt and Jena. The deal enables Bechtle to strengthen its market position in the economic region around Ulm. It also adds industrial IT to the firm’s product portfolio, i.e. contract manufacturing of IT infrastructure and networks in production environments. The acquisition is part of Bechtle’s growth strategy in the administrative district of Swabia. The transaction is currently awaiting approval from the competition authorities.A CMS team headed by lead partner Dr Tobias Schneider advised Bechtle AG on all legal aspects of the deal. Bechtle is a longstanding CMS client and is regularly advised by CMS on M&A projects. Bechtle AG is one of Europe’s leading IT system integrator businesses and IT e-commerce companies. IT services provider s.i.g. was established in 1997 and generated sales of EUR 25.4 million in the last financial year. The company currently employs some 50 people. CMS Germany Dr Tobias Schneider, Lead Partner Dr Maximilian Eitelbuß, Senior Associate, Co-Lead, both Corporate/M&A Dr Harald Kahlenberg, Partner, Com­pet­i­tion/Mer­ger Control Dr Martin Mohr, Partner Jörg Schrade, Partner, both Tax Carla Kaeber, Associate, Banking & FinancePress Con­tact presse@cms-hs. com

30.08.2024 - The Deutsche Leasing Group and Berliner Sparkasse are expanding the shareholder structure of their S-Kreditpartner (SKP) joint venture and thereby reorganising the consumer credit business within the Sparkassen savings banks association. The company formed for this purpose, Spar­kassen-Ver­bundgesell­schaft (SKP-VG), will be admitted as the third shareholder by the end of 2024. After the transaction has completed, Deutsche Leasing and Berliner Sparkasse will each hold 40% of SKP, with SKP-VG holding the remaining 20%. The aim of the reorganisation is to bolster SKP’s business model as a specialist for car loans and consumer credit. At the start of August 2024, the Deutsche Leasing Group took over wholesale financing for recreational vehicles from SKP, an operation which is worth a total of around EUR 650 million. This will enable SKP to continue focusing on its core business with private customers, while Deutsche Leasing is strengthening its expertise in inventory financing.A CMS team headed by Prof. Björn Gaul and Dr Dirk Jannott advised the Deutsche Leasing Group on all aspects of the deal. This included both the transfer of the wholesale financing business through a complex carve-out of the associated part of the organisation and the increase in Deutsche Leasing Group’s stake in SKP by way of a share deal. CMS Germany Prof. Björn Gaul, Lead Partner, Employment Dr Dirk Jannott, Lead Partner, Corporate Thomas Gerdel, Partner, Tax Dr Andreas Hofelich, Partner, Occupational Pensions Dr Rolf Hempel, Partner, Antitrust Dr Martin Friedberg, Partner, Tax Artur Baron, Counsel, Corporate Martin Michael Breuer, Counsel, Employment Dr Mario Brungs, Counsel, Occupational Pensions Till Komma, Counsel, Bank Reg­u­la­tion Mor­itz Gerstmayr, Counsel, Bank Reg­u­la­tion Mar­tin Cholewa, Counsel, An­ti­trust Flori­an Mantel, Associate, Bank Reg­u­la­tion An­nalena Drabas, Associate, TaxPress Con­tact presse@cms-hs. com

Stuttgart – Munich-based private equity firm VTC GmbH & Co. KG has acquired a majority stake in Hürner Luft- und Umwelttechnik GmbH. Headquartered in Mücke-Atzenhain (Hesse), Hürner is a leading manufacturer of plastic fans and a provider of air supply and exhaust systems together with related equipment, with a focus on the industrial process air segment. Clama Holding is retaining a shareholding in Hürner Luft- und Umwelttechnik. By entering into this partnership, Clama Holding and VTC are aiming to drive forward further expansion of Hürner Luft- und Umwelttechnik GmbH. Details of the transaction were not disclosed.A CMS team headed by Dr Claus-Peter Fabian advised Clama Holding GmbH and its management on all legal aspects. CMS Germany Dr Claus-Peter Fabian, Lead Part­ner Kath­ar­ina Ivic, Senior As­so­ci­ate Ver­o­nique Ulmann, Associate, all Corporate/M&A Dr Martin Mohr, Partner, Tax Dr Christian Haellmigk, Partner Malena Hansen, Senior Associate, both Antitrust, Competition & Trade Dr Michael Rein, Principal Counsel, Labor, Employment & Pensions Lukas Potstada, Counsel Tamara Bux, Associate, both Real Estate & PublicPress Con­tact presse@cms-hs. com

Frankfurt/Main – Nasdaq-listed Bruker Corporation has announced a strategic investment in NovAliX, a preclinical Contract Research Organisation (CRO) specialising in drug discovery services that is headquartered in Strasbourg, France. The NovAliX Group has subsidiaries in countries including France, Belgium, Spain, the US, Tunisia and Japan. Bruker’s aim in making this investment is to accelerate the growth and further expansion of NovAliX, particularly within Europe and the United States. Bruker and NovAliX intend to collaborate on developing new paradigms in drug discovery by leveraging advanced biophysical methods, particularly NMR, for structural, binding and functional char­ac­ter­isa­tion. The transaction is a milestone in Bruker’s strategy of expanding its position as a partner for high-quality services in the life sciences field. An international CMS team headed by partner Dr Hendrik Hirsch and counsel Dr Berrit Roth-Mingram advised Bruker on all legal aspects of the transaction. Bruker is a longstanding CMS client. The US company regularly relies on the expertise of CMS when making acquisitions and disposals. The current instruction demonstrates once again the successful international collaboration of the CMS offices. In this case, CMS offices in France, Belgium and Spain were involved. Most recently, a large international team led by CMS partner Dr Hendrik Hirsch advised Bruker on its acquisition of the ELITech Group. CMS Germany Dr Hendrik Hirsch, Partner, Co-Lead Dr Berrit Roth-Mingram, Counsel, Co-Lead Martina Meier-Grom, Counsel Dr Maximilian Stark, Senior Associate, all Corporate/M&A Dr Thomas Hirse, Partner Dr Roland Wiring, Partner Thomas Fröhlich, Counsel Dr Siham Hidar, Senior Associate Lisa Dietrich, Associate Noah Rodenkirchen, Associate, all IP Dr Michael Bauer, Partner Kai Neuhaus, Partner Moritz Pottek, Counsel David Rappenglück, As­so­ci­ate Be­ne­dikt Christian Voss, Associate, all Antitrust, Competition & Trade Till Komma, Counsel, Banking, Finance & Insurance  CMS France Benoît Gomel, Part­ner François Bossé-Cohic, Counsel Caroline Buyse, Counsel Dylan Allali, As­so­ci­ate Vin­cent Desbenoit, As­so­ci­ate Ant­oine Melchior, Associate, all Corporate/M&A Alexandre Chazot, Counsel Alexis Imbert, both Banking & Finance Arnaud Valverde, Senior As­so­ci­ate Al­izée Fabre-Betti, Associate, both Real Es­tate Jean-Bap­tiste Thiénot, Partner Anaïs Arnal, As­so­ci­ate Solenne Mignot, Lawyer, all IP Caroline Froger-Michon, Partner Florence Duprat-Cerri, Counsel Camille Baumgarten, Associate Sophie Yin, Lawyer, all Em­ploy­ment Claire Vannini, Part­ner Lilia-Ori­ana Dif, As­so­ci­ate Guil­laume Melot, Associate, all Com­pet­i­tion Myri­am El Andaloussi, Associate Paul Letartre, Associate, both TMC Olivier Kuhn, Partner, Dispute Resolution  CMS Belgium Stéphane Collin, Partner Arnaud Van Oekel, Partner Candice Kunkera, Senior Associate Lola Verelst, Associate, all Corporate/M&A Gaël Chuffart, Partner Fatma Ezzahra Sassi, Associate, both Employment Bruno Fonteyn, Senior Associate, Public  CMS Spain Elena Alcázar Cuartero, Coun­sel Ale­jandra Martín Benítez, Associate, both Corporate/M&A Anna De las Cuevas, As­so­ci­ate Guillermo García Diéguez, As­so­ci­ate Fran­cisco Javier Fernández Ródriguez, Lawyer, all Employment Ana Doval Escribá de Romaní, Associate, Public Sol Cruz-Conde de la Moneda, Lawyer, Banking & FinancePress Con­tact presse@cms-hs. com

Cologne, 25.07.2024 – RSBG SE, the investment arm of the RAG-Stiftung foundation, has sold a majority interest in the Masco Group (Masco) to Ardian, a world-leading private investment firm. Masco is a group of engineering, consulting and technology companies operating in global markets which serve the life sciences industry. With more than 1,000 employees, Masco supports over 6,000 customers worldwide with its products and solutions for manufacturing pharmaceutical and biotech applications. The Borella family and Masco Group’s current management team will reinvest alongside Ardian, while Luca Borella will continue to lead the company as CEO. Industry experts Angelos Papadimitriou and Claudio Colombi will join the Board of Directors as Chairman and Director, respectively. RSBG acquired a majority stake in Masco in 2017. Since then, RSBG and Masco have jointly pursued an accelerated buy-and-build strategy. With four landmark acquisitions in five years, the product portfolio and geographical presence of Masco have been successfully expanded inorganically. An international CMS team headed by lead partner Dr Malte Bruhns advised RSBG on all legal aspects of the transaction. RSBG has regularly relied on the legal expertise of CMS for many years. A CMS team advised RSBG on acquisition of the Masco Group in 2017 (led by CMS partner Klaus Jäger) and also during the acquisition of KeyPlants (2021) and Xils (2023) (headed in each case by CMS partner Dr Malte Bruhns). Established in 1912, Milan-based Masco provides a range of bespoke products and services to the biopharma and life sciences industry. These include high-purity water systems, bioprocessing equipment, modular off-site fabricated facility solutions, process engineering and laboratory, validation, and automation services. Masco’s global footprint includes seven facilities located across Europe, North America, and Asia. RSBG SE has its headquarters in Essen and is the investment arm of the RAG-Stiftung foundation. As an industrial investment company of the RAG-Stiftung foundation, RSBG has been investing since 2014 in high-growth future markets, sectors and industries that are being shaped by global technology trends. Its focus is on innovative and successful medium-sized companies. RSBG currently manages a portfolio of more than 85 companies with over 12,500 employees worldwide. RSBG SE Dr Jan Gudlick (COO) Dr Andreas Jäger (Head of Corporate Development / M&A) Dr Jana Pannemann (General Counsel) Dr Hanna Gotta (Senior Legal Counsel) Peter Rempp (Head of Compliance) CMS Germany Dr Malte Bruhns, Lead Partner Dr Dirk Baukholt, Principal Counsel Philipp Knopp, Senior As­so­ci­ate Chris­toph Schröer, Senior Associate Ole Gunnar Weyand, Senior Associate Dr Katharina Kapp, Associate Dr Henrik Meurer, As­so­ci­ate Domin­ic Zimmer, Associate, all Corporate/M&A Dr Björn Herbers, Partner Moritz Pottek, Counsel Dr Robert Bodewig, Senior As­so­ci­ate Be­ne­dikt Christian Voss, Associate, all Antitrust, Competition & Trade Jan Friese, Principal Counsel, Banking, Finance & Insurance Dr Martin Friedberg, Partner, Tax CMS Italy Daniela Murer, Part­ner Aless­andra Cuni, Counsel Sara Tammarazio, Associate, all Corporate/M&A  CMS Belgium Arnaud Van Oekel, Part­ner Ségolène Regout, Senior Associate Lola Verelst, Associate, all Corporate/M&A CMS Wistrand Erik Hygrell, Partner Louise Rodebjer, Part­ner Se­basti­an Petersen, Senior Associate, all Corporate/M&APress Con­tact presse@cms-hs. com

Frankfurt/Main, 22.07.2024 – Ichigo and GIGA. GREEN have announced that Ichigo has acquired a minority stake of 24.39% in GIGA. GREEN. GIGA. GREEN designs, develops and operates commercial solar energy systems, battery storage and charging infrastructure in Germany. Ichigo is a leading Japanese sustainable infrastructure company listed on the Tokyo Stock Exchange Prime Market (TYO: 2337). Ichigo is dedicated to making the world more sustainable and inter alia operates 64 solar and wind power plants across Japan. The partnership with GIGA. GREEN underscores Ichigo's commitment to deploying its sustainable infrastructure capabilities on a global scale. A CMS team led by partner Dr Oliver Wolfgramm and a team from Nishimura & Asahi headed by partner Sadayuki Matsudaira advised Ichigo on all legal aspects of Ichigo's first acquisition in Europe. CMS Germany Dr Oliver Wolfgramm, Lead Partner Dr Matthias Löhle, Counsel Luca Eckrich, Associate, all Corporate/M&A Dr Carolin Armbruster, Partner Dr Antje Becker-Boley, Partner  Timo Jan Peter Berenz, Associate, all Corporate/M&A Energy Anastasia Shelestova, Senior Associate, Commercial Dr Stefan Voss, Partner Lukas Potstada, Counsel, both Real Estate & Public Yvonne Wolfgramm, Partner Laura Matarrelli, Counsel, both Employment & Pensions Dr André Frischemeier, Part­ner Lea-Mar­ina Nebenführ, Associate, both Banking & Finance Stefan Lehr, Partner, Antitrust, Competition & Trade Nishimura & Asahi Sadayuki Matsudaira, Lead Partner Dominik Kruse, Partner Bonso Morimoto, Associate Sayo Eto, As­so­ci­ate Max­imili­an Lentz, Associate Miriam Steinke, AssociatePress Con­tact presse@cms-hs. com