Dr. Andrea Pomana

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.

We advise on joint ventures, alliances and minority shareholdings, which are becoming ever more important for international companies from a strategic perspective. In our corporate law practice, we assist clients from various sectors. This may include joint ventures as individual transactions or as part of larger restructuring measures and reorganisation plans for existing companies, the redesign of project-based joint ventures to pool expertise and technologies, exit joint ventures for a phased exit from business areas and the use of joint ventures as a tool for market entry in emerging economies.

Our expertise extends into related areas of law such as regulation, taxation, employment law, commercial law, environmental law and intellectual property. With our network, we offer a coordinated, comprehensive service for cross-border joint ventures.

Our advice addresses problems and pitfalls, including voting rights, regulatory approval procedures, exit strategies, valuation issues and governance risks. Our aim is to achieve results that enable our clients to negotiate business matters with confidence.

Artificial intelligence (AI) has become increasingly important in recent years and is influencing more and more areas of life and the economy. This also gives rise to new legal issues that have to be dealt with by lawyers, courts and legislators, including the protection of AI-generated works, the issue of copyright attribution and any liability issues involving AI-generated content. Adequate legislation is needed to protect intellectual property related to AI, while fostering innovation and creativity. The legal team at FPS provides comprehensive advisory services to help companies deal with the challenges and opportunities presented by AI in the field of intellectual property.

The metaverse covers 3D virtual environments where people and businesses interact and move around the virtual world with avatars. It unlocks new business opportunities, but lacks a consistent legal framework. FPS helps its clients to overcome these legal challenges. We find legally robust solutions, offer advice on risk prevention and successfully support metaverse projects.

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.

We possess particular expertise in the area of product stewardship. Our lawyers have established dual systems for the responsible disposal of e-waste and batteries and have also set up industry systems. We are on hand with our practical experience when it comes to handling disputes with the Central Agency Packaging Register, achieving efficiencies in the area of packaging disposal and meeting obligations as a distributor and retailer, but particularly in all matters at the point where the circular economy and antitrust law intersect.

We help clients with issues governed by the Subsidy Regulation and with restrictions related to participation in tenders in cooperation with the procurement teams. Where transactions are involved, we help to obtain the necessary approvals.

Are you under investigation? We support you in the event of any searches and assist with all information-related matters to minimise your risks.

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.

We specialise in dealing with antitrust issues involving distribution, cooperation with competitors, market positioning, IP, research and development. Our tailored solutions within the framework of antitrust law ensure the success of our clients. Boasting good contacts with authorities, we offer additional peace of mind and represent our clients’ interests before national and international competition authorities, including the Bundeskartellamt and the EU Commission. Our range of expertise covers price fixing, cartel bans, abuse of market power and merger control. At local and international level, we provide effective advice, support our clients in matters concerning foreign trade law and coordinate notifications using our excellent connections to authorities.

In the field of energy law, we represent clients across all areas of the energy industry, in particular those who operate in the electricity, gas and (district) heating sectors. We advise energy supply companies, project developers, power plant operators, industrial companies and municipalities on all energy management matters. Our lawyers work together in interdisciplinary teams and offer comprehensive advice that also takes into account aspects of corporate, antitrust, public procurement, civil and employment law. If necessary, we bring in energy industry consultants as cooperation partners.

Our public procurement lawyers devise and oversee Europe-wide and national procurement procedures for public contracting authorities covering all types of services (constructors, suppliers and service providers), from the initial project idea to the awarding of the contract. Besides advising clients on the planning and preparation work, including the drafting of all procedural documents, we also assume the role of the awarding authority if required and take the task of procurement management off the hands of the public contracting authority.

FPS advises clients on matters relating to the procurement procedure. The basis for this is a thorough analysis of the participation requirements in order to establish the corresponding requirements for preparing the tender. The course for a successful tender is often set early on in the procedure. Accordingly, it is important to us to give our clients comprehensive strategic support at an early stage in the decision-making process relating to participation in the tender.

Thanks to many years of experience in the field of public procurement law, FPS has extensive expertise in legal protection proceedings. FPS has successfully represented clients on both the contracting authority and tenderer side in numerous review proceedings nationwide before the public procurement chambers and higher regional courts, enabling relevant facts to be quickly recorded and prepared in a legally and tactically proficient manner.