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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).

Our services at a glance

  • Preparation of legal opinions and statements on issues of economic administrative law and constitutional law, EU state aid law as well as commercial, budgetary and municipal law including municipal tax law
  • Advice in administrative proceedings and representation before the administrative courts
  • Advice on identifying, applying for and administering suitable subsidies and grants
  • Due Diligence in the context of M&A transactions and restructuring of companies (e. g. assessment of potential risks of recovery)
  • Expert opinions on public procurement law issues and contract drafting in the public procurement sector
  • Advising and assisting public contracting authorities, grant recipients and companies in public procurement proceedings and representing them in public procurement review proceedings
  • Advice on issues of public procurement and state aid law as well as on regulatory requirements in connection with the operation and financing of public service companies
  • Advice on cooperations between private companies and the public sector (e. g. public-private partnerships) as well as on the privatization of public actors.