Company acquisitions and sales are subject to various regulatory requirements. For cross-border transactions, in particular the notification and approval requirements under antitrust law, foreign trade law and, most recently, the EU regulation on third-country subsidies have resulted in stricter requirements that must be taken into account at an early stage. ...read more
Public Commercial Law
Government regulations provide the framework for economic activities. Depending on sector and industry, this regulatory framework can be narrower or broader. However, the federal, state and local governments also provide many incentives for companies to develop, for example by awarding public contracts or granting subsidies for research and development or infrastructure projects. For companies, it is therefore important not only to comply with legal requirements, but also to recognize the opportunities the state offers them.
Private companies and state institutions are in constant interaction. On the one hand, participation in the economy entails legally complex obligations that must be met.
For some sectors of the economy, the state merely provides a general legal framework within which companies can develop. In other areas, such as regulated industries (e. g. the energy industry, local public transport, the telecommunications sector or healthcare), companies encounter a surplus of special licensing requirements and regulatory specifications that cannot be mastered without sound legal advice.
On the other hand, the state provides incentives for economic activities and allocates subsidies and funding, e. g. to promote regional business locations, to create and maintain jobs, for research and development projects, for climate-friendly technologies and other innovative measures. It is often a considerable challenge to identify a suitable funding opportunity for one's own company. The application for the respective funding program as well as ongoing compliance with its requirements also require great care and timely advice in order to avoid risks for a possible repayment of granted funding or other sanctions. The latter applies in particular to corporate transactions and restructurings.
Finally, public procurement is a significant economic factor. The public sector relies on procuring materials and services to fulfill its public duties. In the context of public procurement, we support both the public sector and private companies bidding for public contracts with our advice. In doing so, we accompany the award and contract negotiations and represent our clients in award review proceedings.
Our lawyers have many years of experience in dealing with public authorities and public actors and provide comprehensive advice on the entire spectrum of public commercial law. Whenever necessary, we cooperate on an interdisciplinary basis with our experts in related fields of law (e.g., environmental and planning law, foreign trade law, tax, energy, real estate, corporate law, healthcare, IT).