Thilo-Maximilian Wienke
Biography
Overview
Thilo offers a unique combination of international merger control expertise and German FDI experience in international transactions, coupled with a relentless client service attitude.
Thilo advises international investors in the area of German investment control and handles a wide range of review proceedings at the BMWK in a broad spectrum of sectors (from energy/critical infrastructure to high-tech and pharmaceuticals to raw materials and defense), and coordinates multijurisdictional FDI proceedings. In addition, Thilo advises on German, as well as EU competition law, including merger control proceedings, distribution cartel law and vertical behavior, classic cartels, as well as on market dominance and comparable constellations. He regularly works closely with White & Case's energy law practice and advises on transactions (merger control and investment control) in the energy infrastructure sector.
In addition to its transactional activities, Thilo has experience in distribution law matters. He was involved in the revamp of a number of leading German and international branded goods manufacturers' selective distribution networks, and advises regularly on vertical conduct.
Prior to joining White & Case, Thilo worked for another renowned US law firm in Cologne and Brussels, focusing on German and European antitrust law. During this time, he was involved in a number of high-profile merger control proceedings.
Based on his merger control experience during the early stages of his career and relentless client service attitude, Thilo soon identified a growing need to offer clients coordinated advice regarding the two main regulatory requirements in international transactions – merger control and FDI. FDI advice has since become an integral part of Thilo's practice while retaining a strong stance in merger control and antitrust matters, offering seamless "one-stop-shop" regulatory advice to clients and colleagues. As a father of three, coordinating conflicting positions is also an integral part of Thilo's personal life – providing valuable insights for navigating novel challenges of any kind.
Experience
Advised The KaDeWe Group GmbH, the operator of three German luxury department stores, on its self-administration proceedings, including insolvency and reorganization law, employment and tenancy law, and on the sale of the business operations to Thai Central Group.
Advised ABN AMRO Bank N.V. (ABN AMRO) on its acquisition of Hauck Aufhäuser Lampe Privatbank AG (Hauck Aufhäuser Lampe) from Fosun International Limited, which is subject to regulatory approvals.
Advised the international private equity investor Battery Ventures (Battery) on the acquisition of steute Technologies GmbH & Co. KG (steute), a developer and manufacturer of switches, sensors and other products for medical and industrial applications.
Advised Tier Mobility on the sale of nextbike to Star Capital. The sale was preceded by a spin-off of nextbike that was driven by differences in business and operating models.
Advised Battery Ventures-backed Proemion Holding GmbH, a global provider of advanced data and analytics technology for mobile industrial equipment, on the acquisition of TrendMiner NV, an industrial analytics company of Software AG.
Advised Critical Metals Corp., an exploration stage mining and development company, on its business combination with Sizzle Acquisition Corp. The transaction will result in Critical Metals becoming a publicly traded company on the Nasdaq Global Market under the ticker symbol "CRML".
Advised commercial and industrial decentralized energy solutions provider ENVIRIA Energy Holding GmbH (ENVIRIA) on a capital commitment of over US$200 million from BlackRock through its Global Renewable Power Fund IV. ENVIRIA offers solar solutions for companies in the commercial and industrial space with a projected development pipeline of over 2,000 projects across Germany and a projected generation capacity of 2.3GW.
Advised Pollen Street Capital (PSC) on its intended acquisition and combination of niiio finance group AG, fundsaccess AG, FundHero SA, FinTecc LLC and MiFID-Recorder GmbH.
Advised EnBW Energie Baden-Württemberg AG (EnBW) on the sale of its second minority shareholding of 24.95% in the transmission system operator TransnetBW GmbH (TransnetBW) to KfW.
Advised the Prax Group, an independent global energy conglomerate, on its agreement to acquire a 37.5 percent interest in PCK Raffinerie GmbH (PCK) and its associated logistics assets from Shell Deutschland GmbH.
Advised a Prax Group, a multinational, independent energy group on its acquisition of OIL! Tankstellen GmbH, a petrol station operator with subsidiaries and activities in Germany, Switzerland, Austria and Denmark, from Mabanaft GmbH & Co. KG, an energy company belonging to the Marquard & Bahls Group.
Advised silicon wafer manufacturer GlobalWafers on merger control and FDI in the context of its takeover attempt of direct competitor Siltronic AG.
Advised Jenoptik AG on merger control and FDI aspects regarding its sale of its defense/mechatronics business Vincorion.
FDI and related antitrust advice to JP Morgan regarding the acquisition of GETEC, one of Europe's leading sustainable energy service companies for real estate and industrial customers.
Advised E.ON on merger control and FDI regarding the sale of 50 percent of its fibre network operations (Westconnect) to Igneo.
Merger control and FDI advice to Ecobat regarding its sale of Europe's largest lead smelter to international commodities trader Trafigura.
Advised Chinese-German investment fund AGIC regarding FDI matters, including its acquisition of ATEC Pharmatechnik, a leading manufacturer of aseptic processing solutions.
FDI advice to financial services company FNZ, including its acquisition of DIAMOS AG, a leading provider of software solutions to the financial industry.
Advised Smiths Group on merger control and FDI regarding the sale of its global medical business.
Advised Metso Corp. in its €4 billion merger with Outotec Oyj in the mineral processing equipment industry, obtaining merger clearances in 19 worldwide jurisdictions in an expedited timeframe.
Advised Faurecia on German FDI aspects regarding acquisition of lighting specialist Hella.
Merger control advice to EWE as part of its joint venture with wind turbine manufacturer ENERCON to create the largest wind farm operator in Europe.
Advised The Dow Chemical Company on its $130 billion merger of equals with DuPont (Phase II with remedies in the EU, additional filings in more than 20 countries worldwide).*
*Experience prior to joining White & Case
Ones to Watch Germany in Competition / Antitrust Law, Handelsblatt 2021
