Even in matters concerning corporate law, conflicts are not always avoidable. Accordingly, it goes without saying that we are also on hand to assist our clients when disputes arise involving shareholders, the management and members of the executive or supervisory board. The priority here is on out-of-court dispute resolution. If this is unsuccessful, we also represent our clients in mediation, court and arbitration proceedings. Finally, we also specialise in pursuing and defending claims arising from business purchase agreements as well as enforcing non-compete clauses.

Successful transactions require careful planning and structuring, both in terms of content and time. Our M&A experts not only perform due diligence and draft the contract, but also handle the subsequent contract negotiations and manage the project in the post-closing phase.

We advise domestic and foreign companies on both the buyer and seller side on M&A projects, private equity and venture capital transactions, management buy-ins and buyouts and corporate cooperation projects (joint ventures). Here, we draft and negotiate confidentiality and exclusivity agreements (letters of intent) as well as contracts covering company acquisitions and investment agreements.

In all M&A transactions, we establish a close and trusting working relationship with our clients’ auditors and tax consultants, determine how to optimally structure the transactions for tax purposes and ensure compliance with antitrust requirements.

FPS supports companies with all aspects of corporate housekeeping, from foundation and compliance to transactions. Our experienced team of experts assists with due diligence, contract negotiations and transaction structuring. We minimise legal risks, ensure compliance and facilitate successful transactions. With individual solutions and extensive industry knowledge, we provide an excellent service to help our clients achieve their business goals.

If our clients want to know which distribution requirements need to be met as a manufacturer, service provider or software developer, if they want to work on projects with third parties where there are dual-use issues or specific reportable items, we are on hand to assist them. We have extensive experience in dealing with the authorities and, in addition to merger control, we may also be able to obtain approval from the Ministry of Economic Affairs and Climate Action for inbound investment. For outbound business matters, we work with our network and find solutions for the approval of purchases abroad.

We help our clients to assert claims for damages under antitrust law. Our team has considerable experience in pursuing claims for damages and regularly works with economists. We are also on hand to defend against claims for damages as a result of a ruling made on the basis of antitrust law. In doing so, we regularly work with the relevant litigation teams at FPS.

The FPS team has extensive experience in dealing with every stage of merger control proceedings, including defending against any third-party attacks on approvals in court. Should the need arise, we also use our global network to coordinate international notifications (multi-jurisdictional analysis and support) as well as any antitrust defence – cartels often spread across borders.

Swift and pragmatic: FPS offers a comprehensive consulting concept in the area of compliance in order to ensure compliance with antitrust law within companies. Anyone who suspects a compliance issue can count on our expertise. We highlight possible solutions and have experience in using electronic equipment and forensic software – with the aim of averting any potential negative effects for our clients or the company concerned.

We offer facilitation products – such as an emergency hotline, training and preparation courses, and mini-audits – and we are on hand to support compliance officers as well as operators of whistle-blower hotlines.

We regularly represent clients in antitrust and penalty proceedings before national and international competition authorities, including the Bundeskartellamt and the European Commission, and assist them in the event of infringements in penalty proceedings, starting with preparatory work to avoid infringements by establishing functioning compliance systems through to preparations prior to antitrust searches. Risks or potential requirements are identified in advance of any transactions and bidding processes and – whenever possible – solutions are provided.

The new regulations governing artificial intelligence, the opportunities afforded by the Green Deal, the increasing importance of foreign trade law and investment control, and the additional requirements laid down by the Subsidy Directive – it is essential to be in the picture at all times and meet the generally increasing requirements. We draw on our extensive experience to help our clients find pragmatic solutions, draft contracts covering distribution aspects of antitrust law and manage cooperation partnerships.