News

Oppenhoff has advised Compagnie de Saint-Gobain Zweigniederlassung Deutschland on the acquisition of a majority stake in the Brüggemann Holzbau Group.

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We are pleased to send you the second issue of DEAL POINTS, Oppenhoff's newsletter on M&A and private equity. Whereas our publications in the first half of the year mainly dealt with acute issues concerning the COVID-19 pandemic, the improved situation now means that we can turn our attention again to future transactions in these special times.

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Ritter Sport remains the only square chocolate on German supermarket shelves, whereas the Goldbear goes empty-handed. We come across the latter in trade in both fruit gummy and choco-late form, albeit from different manufacturers. Hardly any other decision of the Federal Court of Justice [Bundesgerichtshof, “BGH”] has caused as much of a stir in recent years as the pro-ceedings brought by Haribo against Lindt and Milka against Ritter Sport.

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Due to internal disagreements between the Federal Ministry of Economics and the Federal Ministry of Justice, the amendment was on hold for months. Now the Federal Government has published the official draft bill of the 10th amendment to the German Act against Restraints of Competition (ARC).

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The German Data Protection Conference “Datenschutzkonferenz” (DSK), the central body of data protec-tion commissioners of the German Federal Government and Federal States, has commented on the limits of video surveillance measures in conformity with data protection legislation in its Guidance of 3 Sep-tember 2020. In the paper, the DSK more precisely specifies the principles defined by the European Data Protection Board (EDPB) on this matter in its Guidelines 3/2019.

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A key element of any management participation by private equity investors is to secure the re-transfer of shares in the event that the manager terminates his services for the company. A decision of the District Court (Landgericht) of Stuttgart published in 2019 had confirmed the validity of share transfer obligations in a constellation that corresponded to a management partic-ipation typical of private equity, thus - temporarily – made a contribution towards legal certainty. In contrast, in a recently published decision (7 U 1844/19), the Regional Court (Oberlandesgericht) of Munich questions the enforceability of standard share transfer obligations in leaver cases.

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Oppenhoff has advised CalixKlippan group, Sweden, on the acquisition of CARBOX GmbH & Co. KG, located in Achim near Bremen.

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The law firm Oppenhoff has advised nd industrial investments B.V. on the acquisition of a majority shareholding in Next.e.GO Mobile SE, which is taking over the entire business of the insolvent e.GO Mobile AG on 1 September 2020.

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In the current economic situation, many companies have unforeseen liquidity requirements that need to be resolved in the short term. Depending on the actual circumstances and requirements, various possibilities of procuring coverage come into consideration.

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In times when a "staycation" or "summer at home" is on the agenda for many employees, some have nevertheless chosen to go on vacation abroad, including travel to corona risk areas. As the school summer vacation draws to a close in the first few federal states and an increasing number of employees return to work, questions are more frequently being asked about how to deal with employees returning from vacation. We have compiled below an overview of the most important questions in this context.

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