Defence & Security
Following the proclamation of the turn of an era, the Bundeswehr and defence industry are facing an epochal upheaval. Whether and how procurement in the security and defence sector will develop in the coming years is currently one of the most fervently debated questions. With the German Armed Forces Procurement Acceleration Act (Bundeswehrbeschaffungsbeschleunigungsgesetz), German legislators are primarily focusing on less legal protection and less competition. At the same time, the industry is facing increasingly rigorous export controls, which are to be given a new, stricter form by an Arms Export Control Act. A recent raid at a European munitions company by the European Commission has also demonstrated that the focus of antitrust authorities on the industry has increased. Moreover, the defence industry has received increasing scrutiny from investment control authorities, which indicates that future transactions could be subject to stricter controls or even prohibited.
References
Advising German Naval Yards and Flensburger Schiffbau-Gesellschaft regarding procurement of F126 frigates, K130 corvettes, replenishment oilers (class 707), and recon ships (class 424) (incl. litigation)
Advising Helsing in negotiations with the German Armed Forces
Advising German defence company regarding procurement by NATO and Germany‘s participation (incl. litigation)
Advising the Monitoring Trustee in the European Commission merger control case M.9234 – Harris Corporation/L3 Technologies (acquisition of L3 Technologies by Harris Corporation)
Antitrust advice to various companies in the defence and security industry on the formation of bidding consortia and consortia in procurement procedures
Advising on foreign direct investment control aspects in the context of acquisitions and financing rounds of German defence and security companies by foreign investors (e.g. Helsing, and Bain Capital)
Advising on export control and criminal law regarding the delivery of drones classified as dual-use goods
Advising a South-East Asian country on export control matters in the course of an arbitration
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