Without cooperation and collaboration, the increased demand for defence and security-related goods and services will be difficult, if not impossible, to meet in a timely manner. Despite the urgency, antitrust regulations must be observed, especially when cooperating with competitors. Any exchange of information that violates antitrust law and any restrictions on competition must be avoided or reviewed for exemption from antitrust prohibitions. From the client’s perspective, it should be noted that the defence sector in particular is characterised by long-term commitments and complex contracts, so that the risk of consolidating market power and creating permanent dependencies must also be taken into account when drafting contracts. The establishment of joint ventures must be examined not only for compatibility with the prohibition of cartels, but also for merger control notification requirements and their substantive approvability.

We advise our clients on all antitrust issues and coordinate with the antitrust authorities as necessary. In the event of merger control notification requirements, we handle the notification to the Federal Cartel Office and/or the European Commission and coordinate any multi-filing.

Where necessary, we also review reporting requirements and the approval procedure under sector-specific investment control (including armaments, defence technology and products with IT security functions) in accordance with the Foreign Trade Act (AWG) and the Foreign Trade Ordinance (AWV). For non-EU/EFTA investors, we review cross-sector investment controls in the event that the target company is active in sensitive areas such as critical infrastructure (including in connection with energy, water or hospital supply), advanced and future technologies or in the medical sector (telematics, protective equipment, essential medicines, infection control, etc.).