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JUVE, 21/10/2020Metro buys in and continues to resist takeover

Metro takes over the second largest Portuguese food supplier Aviludo. At the same time, Metro’s major shareholder EPGC is expanding its shares – but its public takeover bid to Metro shareholders is not supported by the Management and Supervisory Boards. The offer takes into account neither the current value of the company nor the transformation process of the MDax Group which has already been carried out, the boards announced. […]

Advisor to the Metro Supervisory Board on the takeover bid:

Berner Fleck Wettich (Düsseldorf): Dr. Carsten Wettich, Dr. Olaf Berner (both Corporate/M&A) – well known from the market

Background:

[…] The Supervisory Board, which is otherwise supported in its daily work by the head of the Corporate Office, General Counsel Bost, again called in the Düsseldorf corporate boutique Berner Fleck Wettich for the valuation of this low-threshold offer – it is a so-called low ball offer. The unit, founded by former Hengeler lawyers, had prevailed in a pitch in 2019.

For the complete report (in German) click here.

RWS-Verlag vom 15.09.2020Berner Fleck Wettich advises united vertical media on capital increase of 11880 Solutions AG and contribution of FAIRRANK

11880 Solutions AG has resolved a mixed capital increase from authorized capital against cash and non-cash contributions by issuing up to 3,893,000 new shares with subscription rights. The new shares are entitled to dividends as of January 1, 2020 and are expected to be admitted to trading in the Prime Standard of the Frankfurt Stock Exchange on or shortly after September 28, 2020. In this context, united vertical media GmbH (“uvm”), the largest shareholder of 11880 Solutions AG, will contribute FAIRRANK GmbH to 11880 Solutions AG as a contribution in kind and receive 2,707,200 new shares in return. With the acquisition of the online marketing company Fairrank, 11880 Solutions AG will complement its business model and expand its core business.

Berner Fleck Wettich provided comprehensive advice to uvm on the transaction. This includes both the capital increase and the contribution of FAIRRANK.

Click here for the full article (in German).

 

brand eins brand eins – The best commercial law firms in Germany 2020Berner Fleck Wettich awarded in the field of corporate law (Tier 2)

Berner Fleck Wettich has been awarded by brand eins as one of the best commercial law firms in Germany 2020 for corporate law (Tier 2).

The list is based on a survey among lawyers (colleagues survey) and in-house lawyers (clients survey) for a total of 24 legal fields.

RWS, 15/04/2020Berner Fleck Wettich advises on follow-up financing for Pantherna Therapeutics development programs against severe respiratory distress syndrome

The life science start-up Pantherna Therapeutics secures a successful follow-up financing of EUR 3 million. Prof. Detlev Riesner, as a renowned European Business Angel, together with the European Investment Fund and a private investor invest together.
Berner Fleck Wettich provided comprehensive advice on the transaction.
Click here for the full article (in German).

RWS, 06/04/2020Berner Fleck Wettich advises on the increase of Fyffes’ participation in vanWylick

Fyffes, a leading international importer and distributor of quality tropical products and mushrooms based in Dublin, Ireland, is increasing its stake in the Düsseldorf-based wholesaler of fresh fruit and vegetables Fruchtimport vanWylick GmbH; the Allerding family continues to be a co-partner. The partnership between Fyffes, the Allerding family and vanWylick dates back to 2011. Most recently, Fyffes, the Allerding family, Gemüsering GmbH from Stuttgart and the South African Capespan Group each held 25% of vanWylick. Fyffes has now reached an agreement to increase its stake in vanWylick to 74%. The remaining 26% will be held by the Allerding family. The transaction is subject to merger clearance by the European Commission. […]
Berner Fleck Wettich provided comprehensive advice to the Allerding family on the transaction.
Click here for the full article (in German).

RWS, 20/01/2020Berner Fleck Wettich advises Offerista Group on the acquisition of the Prospecto Group

The Offerista Group, specialist for digital trade marketing, is expanding its portfolio with the Austrian market leader for digital brochures wogibtswas.at. With this move, the Offerista Group continues its growth and becomes the largest digitizer in the retail trade in the DACH region. The cross-border transaction was structured as a share swap. The Styria Media Group, to which wogibtswas.at previously belonged, contributed 100 percent of wogibtswas.at to the Offerista Group in the course of a capital increase and in return received a 20 percent share in the Offerista Group […]

Berner Fleck Wettich advised Offerista Group on the cross-border transaction. The law firm Schönherr from Sofia advised on Bulgarian law issues. advised the founder and managing director of Futavis GmbH on the transaction.

Click here for the full article (in German).

IFLR1000 Ranking Germany 2020Berner Fleck Wettich again listed in IFLR1000’s 2020 ranking for Corporate and M&A

As in 2015, 2016, 2017, 2018 and 2020, the corporate law boutique Berner Fleck Wettich has been distinguished by the international law directory IFLR1000 – “The Guide to the World’s Leading Financial Law Firms” for its Corporate and M&A practice and has been ranked in its annual ranking for M&A – Germany 2020.

In the review, IFLR 1000 states:

Berner Fleck Wettich is a corporate boutique active in M&A. During the research period the firm mainly advised buyers in acquisitions, including a minority shareholder squeeze-out and share swap transaction.

Recent deal data highlights  

•E.ON takeover of Innogy

Client feedback 

“Excellent support for SME customers: entrepreneurial with broad and deep advice and perfect technical skills.” – M&A

“Excellent. Very knowledgeable with strong communication and negotiation skills.” – M&A

“Very experienced, very reliable and very short response times – even on weekends. No weaknesses – there is nothing to improve!” – M&A

“Extraordinarily engaged, the wishes of the customer are considered and facts are explained very well. Very high reaction speed and very solution-oriented. From my point of view nothing could be improved.” – M&A

“Our satisfaction is really linked to the person we worked with (Christian Nienkemper). Don’t know anything else of the firm.” – Project development

“We are very happy with the very professional, accurate and fast work of Berner Fleck Wettich.” – Project development

Click here for the full review.

JUVE handbook German Commercial Law Firms (GCLF) 2019/2020Berner Fleck Wettich again included in national ranking for corporate/M&A

The boutique law firm Berner Fleck Wettich, which specialises in corporate law | Corporate, is once again listed by JUVE Verlag für juristische Information in the JUVE handbook German Commercial Law Firms (GCLF) 2019/2020 both in the national ranking for corporate law as well as in the ranking for the region Westen/Düsseldorf. The JUVE Handbuch is regarded as the most renowned handbook for the evaluation of commercial law firms in the German legal market.

Assessment in extracts: The mandates of the Düsseldorf corporate boutique are continuously gaining in complexity and size. This makes the team more and more a competitor and alternative for large local law firms. Clients such as Innogy always rely on BFW, e.g. in addition to the takeover by E.on/RWE, also in the sale of the Czech Gas Network division. BFW increasingly wins new clients through tenders, most recently a German bakery producer whom the team advised on the planned sale of a subsidiary. In corporate law, Partner Wettich is particularly present in the market with its advice to supervisory boards and board members on D&O and directors’ liability.

Often recommended: Dr. Thilo Fleck (“very well-founded advice”, competitor), Dr. Olaf Berner (“very good corporate lawyer”, competitor), Dr. Carsten Wettich (“high quality in both corporate and corporate litigation”, “extremely competent, excellent reaction time”, competitor), Christian Nienkemper (“smooth and fair cooperation, excellent legal advice”, competitor; all corporate/M&A)

For the complete evaluation (in German) please click here.

RWS, 22/10/2019Berner Fleck Wettich advises founder in the sale of Futavis to DEUTZ

DEUTZ AG has acquired Futavis GmbH, a development service provider of battery management hardware and software. With the acquisition of Futavis GmbH, DEUTZ AG is supplementing its electrification strategy with the important core component battery. The founder of Futavis, Dr Jens Bockstette, will remain responsible for the operative business as managing director. […]

Berner Fleck Wettich advised the founder and managing director of Futavis GmbH on the transaction.

Click here for the full article (in German).

JUVE, 11/10/2019CMS client Armira buys in at Toniebox – BFW advises founders and Boxine

The manufacturer of the Toniebox children’s toy has sold shares in the company to other investors. Boxine, a company based in Düsseldorf, announced that the intention was to expand internationalization. As a shareholder, the start-up has brought on board the Munich industrial holding Armira, among others. […]

Advisors founders and Boxine GmbH:
Berner Fleck Wettich (Dusseldorf): Dr. Thilo Fleck (leadership, Dr. Christian Nienkemper, Dr. Olaf Berner (all Corporate)
Arnold Ruess (Dusseldorf): Dr. Bernhard Arnold, Prof. Dr. Peter Ruess (both IP)
ADKL Abels Decker Kuhfuß & Partner (Dusseldorf): Thomas Jorde, Marc Sarburg (Taxes)

Advisor to former shareholders:
Hengeler Mueller (Dusseldorf): Thomas Meurer, Dr. Bernd Wirbel (both Corporate Law/M&A), Dr. Matthias Berberich (Berlin; Media Law); Associate: Dr. Maximilian Schauf (M&A/Corporate Law) […]

Backgrounds:

Arnold Ruess joined the company through personal contacts and has advised Boxine on intellectual property law since its foundation. Boxine mandated Berner Fleck Wettich on corporate law issues following Arnold Ruess’ recommendation.

For the complete report (in German) click here.