Heuking Kühn Lüer Wojtek advised TRM Beteiligungsgesellschaft mbH, a Dortmund-based investment company, on the voluntary public takeover offer to the outstanding shareholders of FORTEC Elektronik AG in the fields of capital market law and antitrust law. The advisory services centered particularly on the drafting of the offer document and the pertinent reports and documents under securities law and takeover law as well as their agreement with the Federal Financial Supervisory Authority (BaFin). In addition, advice was provided on the approval procedure under merger control law at the Federal Cartel Office.
Following permission of the publication of the offer document by the Federal Financial Supervisory Authority on August 8, 2012, the acceptance period ended on September 6, 2012. Since then, TRM Beteiligungsgesellschaft mbH, now including the FORTEC shares that it had acquired in advance and in parallel to the takeover offer, has held a portion of approximately 32 percent of the capital stock of FORTEC Elektronik AG.
FORTEC Elektronik AG is a listed corporation headquartered at Landsberg am Lech. As system supplier for equipment manufacturers, it produces high-quality electronics in three segments. The product range comprises power supplies, flat screen displays and embedded computer technology, with the company being a market leader in German-speaking countries in the first two segments.
Counsel to TRM Beteiligungsgesellschaft mbH:
Heuking Kühn Lüer Wojtek, Cologne
Dr. Mirko Sickinger, LL.M. (Lead),
Sven Radke, Tobias Nagel (all Capital Market Law)
Heuking Kühn Lüer Wojtek, Düsseldorf
Dr. Rainer Velte, LL.M. (Antitrust Law)