Third-country bidders without the right to participate in EU procurement procedures
14.03.25
The public procurement market in the EU member states is particularly interesting for bidders from third countries in the area of critical infrastructure such as railroad networks and rolling stock. In its “Kolin” ruling of 22.10.2024, the ECJ clearly rejected any equation of third-country bidders with companies from the EU using the example of a bidder from Turkey. In the “CRRC Qingdao Sifang” ruling of 13.03.2025, the ECJ confirmed this protection of companies based in the EU. “The participation of companies from third countries in procurement procedures” is the subject of the current article by Dr. Alexander Hübner in issue 2 of the Zeitschrift für das gesamte Vergaberecht (VergabeR 2025, 113).
Three questions for our trainee teacher Marie Grosser
12.03.25
WHAT GOAL ARE YOU PURSUING DURING YOUR TRAINEESHIP?
I would like to gain as many (real) insights as possible into different career models and law firms so that I can make the right career choice later on.
WHICH AREA OF LAW AROUSES YOUR PARTICULAR INTEREST?
During my studies, I was particularly interested in corporate law, followed by inheritance law relatively early on in my legal traineeship and finally family law. I find the holistic advice in these areas with all its interfaces particularly exciting because the mutual effects have to be taken into account, which makes it challenging but also interesting.
WHY AN ELECTIVE POSITION AT HAVER & MAILÄNDER?
Haver & Mailänder already made a positive impression on me through an event during my studies. As a medium-sized law firm with an excellent reputation, I expect challenging and professional work with flexibility and a good working atmosphere.
Article: M&A TRANSACTIONS AND “KILLER ACQUISITIONS”
11.03.25
M&A TRANSACTIONS AND “KILLER ACQUISITIONS”: New uncertainties for mergers in the innovation sector
As a rule, merger control in the EU and Germany is based on turnover thresholds, which creates legal certainty regarding notification requirements. However, new developments are causing uncertainty.
The authors Dr. Ulrich Schnelle and Julian Munder of our antitrust team emphasize that in certain cases competition policy and innovation policy aspects go beyond the turnover thresholds.
The Illumina/Grail precedent showed that the EU Commission also scrutinized transactions below the usual turnover thresholds and prohibited them in case of a threat to competition in an important innovation area such as cancer research and medical products.
The ECJ has put an end to this practice. This does not put an end to the actual issue that so-called “killer acquisitions”, in which innovative competitors are taken over that can have a major impact on market conditions, must be subject to stricter scrutiny. The ECJ and some countries are taking other approaches to achieve their goal, at least in part.
What does this mean for companies planning M&A transactions? We advise you on risk assessment and regulatory acceptance of your merger plans in various countries.
We are pleased to announce that Dr. Peter Mailänder and Dr. Timo Alte have been awarded by Décideurs Fusions & Acquisitions (Leaders League & Ficade) in the category “Pratique Réputée”! 🏆
This recognition confirms our expertise and our commitment to excellence in mid-cap M&A advisory.
MAILÄNDER & ALTE - a perfect match for M&A!
Working passionately together for the reliably best... transaction outcome.
A big thank you to our clients who value our interdisciplinary expertise and place their trust in us!
THE LEGAL 500 GERMANY 2025: NEW AWARD FOR HAVER & MAILÄNDER ATTORNEYS IN THE FIELD OF PROCUREMENT LAW!
21.02.25
THE LEGAL 500 GERMANY 2025: NEW AWARD FOR HAVER & MAILÄNDER ATTORNEYS IN THE FIELD OF PROCUREMENT LAW!
We are delighted that our public procurement law team led by Dr. Alexander Hübner and Jeremy Ritter has once again been recognized in The Legal 500 Germany!
With our sectoral focus on healthcare, IT, defence and infrastructure, we successfully support our clients in procurement and review procedures - from new hospital buildings and pharmaceutical contracts to fibre optic network expansion and digitization.
Our thanks go above all to our clients, who are impressed by the professional excellence, personal commitment and solution-oriented advice provided by our public procurement law team:
🔹 “The team impresses with its personal service with outstanding quality in depth with efficient distribution of tasks between partners and the other team members.”
🔹 “Alexander Hübner is a highly competent lawyer and expert in public procurement law who is a pleasure to work with.”
🔹 “You can tell that the interaction is human and this is also lived towards the client.”
🔹 “Alexander Hübner and Jeremy Ritter: The reasoning is well-founded and researched, the negotiations are conducted in accordance with the client's wishes, but a compromise is also sought so that the contracting parties can continue to work together. We feel we are in very good hands and recommend them.”
🔹 “Highly flexible and motivated team.”
This award is both an incentive and confirmation for us. We thank our clients for their trust and are happy to continue to be there for you with passion and expertise!
HAVER & MAILÄNDER - Reliable since 1965
CHAMBERS AND PARTNERS 2025: AWARD FOR HAVER & MAILÄNDER IN ARBITRATION
19.02.25
CHAMBERS AND PARTNERS 2025: AWARD FOR HAVER & MAILÄNDER IN ARBITRATION
We are pleased to announce that Dr. Roland Kläger has been recommended as an arbitrator by Chambers and Partners 2025! The award underlines his great expertise and years of experience as an arbitrator.
In addition, our former partner and current Of Counsel Dr. Klaus- A. Gerstenmaier is the only arbitrator in Germany to be awarded in the category “SENIOR STATESPERSON” - an outstanding recognition!
This shows that the arbitration tradition at HAVER & MAILÄNDER is being reliably carried on into the next generation - an expression of our long-term expertise.
Congratulations to our award-winning colleagues and the entire team! 🎉
PRE-MOOT AT HAVER & MAILÄNDER - “TEAMING, PLEADING, WINNING”
11.02.25
PRE-MOOT AT HAVER & MAILÄNDER - “TEAMING, PLEADING, WINNING”
Four teams, four universities, one goal: success at the Willem C. Vis International Commercial Arbitration Moot competitions in Hong Kong and Vienna.
At our law firm, the students from the teams from Freiburg, Heidelberg, Mannheim and Tübingen took part in an intensive trial to sharpen their argumentation skills in international arbitration proceedings.
Dr. Roland Kläger, co-head of our arbitration practice: “The Vis Moot offers young lawyers an invaluable opportunity to prove themselves in arbitration and international commercial law. HAVER & MAILÄNDER therefore supports the teams from Baden-Württemberg every year.”
Congratulations to all participants - impressive achievement! Good luck for your future MootCourt Journey! 🏆🌍
Thanks also to our H&M arbitrators: Elisabeth S. Wyrembek, Jeremy Ritter, Mike Kraiss, Julian Munder, Anastasiia Popravko.
PARTICIPATING TEAMS:
vis moot freiburg
Heidelberg University Willem C. Vis Moot Team
Eberhard Karls University Tübingen
University of Mannheim
European Law News February 2025 - Special edition on Artificial Intelligence
03.02.25
Artificial Intelligence is developing at an incredible speed - and the legal framework? The new edition of European Law – News has just been published
with comments:
on the European AI-Regulation (AI_Act)
on the withdrawal of the planned European AI_Liability_Directive
on the EU Product_Liability_Directive
on the EU General_Product_Safety_Regulation
and with internet links to Guidelines of the European Commission!
What is the community's opinion: Are the European AI regulations pointing in the right direction? Who can share experiences?
Contact (Legal notice on the website: https://www.haver-mailaender.de/en/impressum):
Rechtsanwalt
Dr. Thomas M. Grupp
Maître en droit (Aix-Marseille III)
Tel.: +49 (0) 711/22744-69
tg@haver-mailaender.de