State aid and transactions

We have been involved in the State aid-related handling of a considerable number of transactions involving a public element. We assist clients in identifying and handling State aid issues in this regard.

If a transaction has a public element, there is a risk of a State aid challenge. This may be relevant in cases of privatisation of public enterprises and divestment of publicly owned companies and real estate, and also in certain situations where public authorities acquire privately owned enterprises or financial activities.

We take a commercial perspective in our advice in order to identify and mitigate relevant risks as early and efficiently as possible, thereby ensuring that State aid regulations will not constitute a hindrance to the transaction, and that the commercial rationale behind the transaction is not jeopardised by an underlying State aid risk.

We have in-depth experience with all kinds of transactions with a public element; not just complete transactions, but also, for example, restructuring of enterprises owned wholly or partially by the public sector. We also assist when private enterprises and public authorities enter into contracts where it is decisive to ensure that the contracts do not trigger any State aid issues.