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Cobalt’s Lithuania office has announced that it is assisting Viking Malt Oy in a merger clearance procedure and is acting for the company in court proceedings before the Vilnius Regional Administrative Court involving its appeal of a blocking decision by the Lithuanian Competition Council. Cobalt reports that, “to the best of our knowledge,” this is the first-ever appeal of a blocking decision by merging parties in Lithuania.  

Viking Malt Oy produces and supplies malts for breweries and distilleries. It sells its products in Scandinavia and the Baltic Sea region  and exports them to South America, Africa, Japan, and the Russian Federation. The company was founded in 1883 and is based in Lahti, Finland with malt houses in Lahti, Finland; Panevezys, Lithuania; and Halmstad, Sweden. Viking Malt Oy operates as a subsidiary of Polttimo Oy.

Cobalt reports that Viking Malt Oy notified the Competition Council in spring 2015 of its acquisition of shares in UAB Maltosa — a Lithuanian producer of light malt for Lithuanian, Latvian, Estonian, Moldovan, and Polish beer brewers. After its review of the proposed concentration, the Lithuanian Competition Council prohibited the acquisition, ruling that it would lead to a substantial restriction of competition on the Lithuanian market for pilsner malt.    

The Cobalt team consists of Partner Elijus Burgis and Managing Associates Ieva Sodeikaite and Marius Inta. 

The Court’s ruling is anticipated at the end of April.

Vegas Lex has announced that, acting on behalf of the Moscow Transport Hub Directorate autonomous nonprofit organization, it and subsidiary InfraOne participated in an April 7, 2016 “pre-roadshow” in Moscow involving a proposed a light rail high-speed off-street transportation system in the Moscow Region.

Road show participants included Russian and international investors, representatives of construction companies and design companies, and major Russian and international financial institutions, among others.

According to Vegas Lex, the “comprehensive project” involves “involves the development of a completely new type of public transport system, linking large municipalities, urban districts in the Moscow Region, and several airports of the Moscow air hub. This type of system is fast (average speed of 80 kmh), quiet, comfortable, safe and environmentally friendly.”

The consortium of consultants at the roadshow, which included Vegas Lex, the InfraONE infrastructure company, the SETEC group of companies, and NIiPI Urban Development of the Moscow Region, as well as the Moscow Transport Hub Directorate — the project organizer — presented the goals, investment objectives, and phases of the project to potential investors, elaborated on the financial and investment, organizational, and legal components of the project, the technical and economic parameters of the LRT system and rolling stock, and expected passenger flow statistics.

According to Vegas Lex, the project is expected to be implemented in four phases. The first (initial) line of the project will go through Podolsk and Domodedovo to Ramenskoye, with stops at Domodedovo and Zhukovsky airports to accommodate the highest demand and passenger traffic projections. According to Vegas Lex, “the project will be implemented as a public-private partnership with the involvement of a private investor (a consortium) to build the LRT lines, supply rolling stock and transportation systems, and operate the system.”

Other participants at the road show included Deputy Chairman of the Moscow Region Government and Minister of Investments and Innovations of the Moscow Region Denis Butsayev, Minister of Transport of the Moscow Region Mikhail Oleynik, and Director General of Moscow Transport Hub Directorate, Adviser to State Secretary, Deputy Minister of Transport of the Russian Federation, Alexey Petrov. A press release issued by Vegas Lex contained statements from all three. 

“The LRT Project is a key strategic project for the Moscow Region, primarily aimed at building the kind of transport infrastructure that will provide for easier transit of passengers and workforce between Moscow’s expanding southern outer suburbs,” said Butsayev. “In this case, the main purpose of choosing the light rail option was to increase convenience for the residents of the area, so we focused on connecting the densely populated municipalities which have suffered from transport problems for a long time. People there had trouble getting anywhere at all, not just to Moscow.”

“The development of chord lines for public transit is very important. The LRT project is primarily aimed at developing this system, said Mikhail Oleynik. “We analyzed the current demand to find out that 94% of respondents in the suburbs are willing to use other options than inbound railway lines to get to other places. They are looking forward to this opportunity.” 

“Moscow Transport Hub Directorate acts as the customer for the works under this project, from the development of the project concept to the organization of the tender to enter into a concession agreement on the first section, Podolsk-Domodedovo-Ramenskoye,” said Alexey Petrov. “It should be noted that the federal government, represented by the Ministry of Transport, and the city of Moscow are interested in this project and are closely monitoring its implementation.”

Other speakers at the event included Vegas Lex Partner Albert Eganyan (also the Chairman of the Board of Directors of InfraONE); Karen Arakelyan, Managing Director at InfraONE; Vladislav Gordiyenko, Head of Architecture and Urban Planning Department of the Moscow region; Artur Markaryan, Chairman of the Board of SETEC MO;  and Alexey Vorontsov, Director General of NIiPI Urban Development of the Moscow Region.

“The project addresses a significant number of issues the Moscow Region is struggling with,” Eganyan noted in his speech. “The project is expected to resolve these problems by generating a significant amount of traffic, which also provides certain investment opportunities for the private partner. At the same time, we understand that a project of this scale is likely to lead to a significant capitalization of the areas adjacent to the currently underdeveloped towns.”

The second part of the road show involved one-on-one meetings with potential applicants for concession tenders and their funders. The consortium will conduct a feasibility study for the project in April, then — after approving the commercial, financial and economic parameters of the project — will develop the essential terms of the concession agreement in May. After that, also in May, an investment competition will be announced, and the winning bidder is expected to sign the concession agreement in the fall of this year.

Capital expenses will be split between three stages and distributed evenly for the next 11 years. In the first stage, which will end in 2022, the LRT link from Podolsk to Domodedovo airport will be built. In the second stage, which will be completed by 2026, Domodedovo will connect to Ramenskoye. Finally the Zhukovsky approach road will be built in 2028.

The Dispute Resolution Practice Group at Dimitrov, Petrov & Co. has announced that it succeeded in two separate cases involving private individuals as clients.

In the first case, the firm managed to persuade the Sofia Court of Appeal — the court of second instance — that the claim made against firm client Dimitar Angelov under a promissory note with a value of EUR 600,000 should be dismissed. According to the firm, although the promissory note ensured the fulfilment of another obligation arising from a partnership between its client and the claimant, “the underlying obligation has already dropped out and the claim was rejected as abusive thanks to our lawyers’ good work.” 

In the second case, acting on behalf of client Nikolina Antonova, the firm’s litigation team “managed to put an end to a widely-spread [and] vicious practice among real estate agencies to impose penalties on their clients. Referring to an exclusivity clause in contracts, real estate brokers impudently demanded unreasonable penalties from clients who bought a real estate that was previously presented to them by another agency.” The firm reports that the Sofia City Court’s declaration that these penalties are inapplicable was upheld by the Sofia Regional Court. According to the firm, the decision is final and is not subject to appeal.

Dimitrov, Petrov & Co.’s team working on the two cases included Senior Associate Encho Simeonov and Associate Tsvetelina Georgieva.

Fort’s Vilnius office has advised Capital Mill, a leading Baltic real estate investment management company, on its acquisition of the the Dobrovole logistics center in Vilnius from UAB Dobrovoles Logistikos Centras II (DLCII). Sorainen advised DLCII on the deal.

The Dobrovole logistics center covers a gross area of 10,415 square meters and is located close to the Vilnius-Kaunas-Klaipeda transport corridor — the main road leading to Poland. 

Fort’s assistance in the deal consisted of the legal due diligence, advice on the transaction structure, drafting of the acquisition instruments, financing and securitization arrangements, assistance in the closing of the transaction, and post-closing matters. The firm’s team was led by Partner Ruta Radzevicute-Meizeraite, with “the significant assistance” of Associate Aurelija Grigoraviciute. Fort Partner Andrius Mamontovas reviewed all financing documents of the transaction and represented Capital Mill during negotiations with a bank.

The Sorainen team consisted of Partner Kestutis Adamonis and Associate Karolis Kunigelis.

Liniya Prava has announced that former Lidings Counsel Vadim Konyushkevich has joined firm’s team as a Partner.

According to Liniya Prava, Konyushkevich has “more than 11 years of experience in Corporate and M&A, Banking and Finance.” The firm reports that his expertise “includes advising leading Russian, foreign, and international companies on M&A transactions, joint venture establishment, corporate financing, and restructuring, as well as on legal issues of investment projects in Russia and the rest of the world.” 

Konyushkevich joins Liniya Prava from Lidings, where he spent the past 5 years, ending up as a Counsel in the Corporate and M&A Practice and Head of the firm’s China Desk. Before that he spent one year as a Senior Lawyer in Energoprom Management, and before that a little more than a year as an Associate at Advokatfirmaet Selmer in both Moscow and Oslo. He also spent a year with Studio Associato Legale Tributario, and a year and a half in-house with Capital Active.

He graduated with a degree in law from the Moscow State Institute of International Relations (MGIMO), a university belonging to the Ministry of Foreign Affairs of Russia, in 2006.

The Romanian office of Wolf Theiss has expanded its competition and state aid practice by adding new Partner Adrian Ster to its team. Ster joins from Musat si Asociatii, where he spent the previous 5 years.

Ster has practiced law for more than 10 years, focusing on competition law. His experience, according to Wolf Theiss, “includes assisting leading players on the local market from the telecommunication, FMCG, retail, banking, pharma, energy, automotive and media [sectors] such as Roche Romania, Eli Lilly, Servier, GDF Suez, ENEL Romania, Sig Sauer, Electrolux, Intact Media Group, BV McCann Erickson, Discovery Europe, Opel Southeast Europe, Unilever Romania, etc.”

“I am thrilled to join a leading law firm such as Wolf Theiss and an exceptional team of professionals, with a remarkable experience that has already become a benchmark for quality legal services in Central and South-East Europe,” said Ster. I am keen on actively contributing to the consolidation of the Wolf Theiss competition and state aid practice, using my professional experience to ensure,  together with my Romanian and regional colleagues, that we become one of the go-to choices in legal services in this field and in related sectors.”

Bryan Jardine, Managing Partner of the Wolf Theiss Bucharest office, stated “We are very pleased to have Adrian Ster join Wolf Theiss and to lead our competition practice in Romania. The addition of Adrian underscores the Firm’s goal to develop a preeminent regional competition law practice while reinforcing our ongoing commitment and belief in the strength and dynamism of the Romanian legal market generally.”

Ster graduated from the Faculty of Law of Babee-Bolyai University, Cluj-Napoca in 2003, and, in 2005, from the School of Law, Nottingham University, UK. In 2006 he received his Master’s degree “with Merit” in European Law from University College London. Immediately after returning from London in 2006 he joined NNDKP, then moved to Kinstellar in December of 2009. In May 2011 he moved to Musat.

Allen & Overy has advised the international engineering and services group Bilfinger on the sale of the Bilfinger MCE Group to Habau, a company domiciled in Perg in Upper Austria. Binder Groesswang advised Bilfinger on Austrian law matters. The purchase price was not disclosed. The transaction is still subject to clearance by the German and Austrian cartel authorities and is expected to close in the second quarter of 2016.

The Bilfinger MCE Group, which is domiciled in Austria, supplies complex steel constructions and steel construction facilities for infrastructure and industry and operates in Austria, Germany, Hungary, and the Czech Republic. The privately-owned Habau construction group offers a range of construction and civil engineering services, including prefabricated building components and pipeline and underground construction, with its main focus of activities in Austria, Germany, and elsewhere in Northern and Eastern Europe. 

The Allen & Overy team was led by Partner Astrid Kruger, assisted by Senior Associate Daniel Epe. Other members of the team included Heike Weber, Ellen Braun, Jens Matthes, Senior Associate Miray Kavruk, and Associates Lukas Rengier, Gunnar Harlacher. Budapest-based Partner Zoltan Lengyel and Associate Petra Kovacsics advised on matters of Hungarian law, while advice on Czech law was provided by Prague-based Associate Iva Bilinska.

The Binder Groesswang team consisted of Partners Florian Khol and Christian Wimpissinger and Attorney Hemma Parsche.

Editor’s Note: After this article was published, Austria’s Haslinger/Nagele & Partner firm contacted CEE Legal Matters to announce that it had worked as part of a consortium with SCWP Schindhelm in advising Habau on its acquisition of Bilfinger MCE. The Haslinger/Nagele & Partner team was led by Partner Christoph Szep, working with Attorney Michael Schilchegger. The SCWP Schindhelm consisted of Linz-based Partners Wolfgang Lauss and Clemens Harsch, Osnabruck-based Partner Christoph Bottermann, Czech Partner Monika Wetzlerove-Deisler, and Budapest-based Partners Beatrix Fako and Diana Zimanyi.

Brandl & Talos reports that “the Austrian start-up scene has grown in importance over the last years and finds itself more and more in the spotlight of public interest,” and says that the firm has thus launched a new program — BTP Nahrboden — designed “to contribute to the development of supportive framework conditions for start-ups in Austria.”

According to Brandl & Talos, BTP Nahrboden is meant to support young entrepreneurs in the early stages of their business with regard to legal matters and establish a basis for successful long-term cooperation. Prior to admission to BTP Nahrboden, start-ups pass through an application and selection process. The selected entrepreneurs are then given access to a platform that offers both qualified legal advice at attractive rates and economic know-how through access to the firm’s network of industry professionals, tax consultants and mentors.”

The firm describes its program has being linked to three stages of start-up developments: exploration, establishment, and expansion. The firm explains that “’explore’ is all about developing the business idea, finding the correct legal form for the company and determining the founders’ cooperation. Legal issues of financing and public funding are discussed and analysed together with the experts at Brandl & Talos.”

According to the firm, “’establish’ is focused on the young entrepreneurs starting their business operations. The start-up leases an office, establishes relationships with customers and suppliers and hires employees. Professional contract design prevents misunderstandings and reduces the risk of future legal disputes.”

Finally, according to the firm, “In the last stage – ‘expanding’ – the company gains a foothold in new markets, raises capital and prepares attracting new investors.” 

Brandl & Talos Partner Roman Rericha and Associate Markus Arzt will be the primary contact point for the start-ups.

Cobalt has advised AMIC Energy Management GmbH on the acquisition of a 100% shareholding in the Latvian entity SIA Lukoil Baltija R (now renamed SIA AMIC Latvia) from Lukoil Europe Holdings B.V.

According to Cobalt, SIA AMIC Latvia currently operates 39 petrol stations in Latvia and is also engaged in wholesale operations. 

The firm reports that it advised AMIC Energy Management “in all stages of the transaction, including legal due diligence, drafting of the transaction documents and advice on obtaining Competition Council clearance.”

Lukoil was not represented by external counsel.

Taylor Wessing Vienna has advised the UK-based Walstead Group on the acquisition of Austria’s LEYKAM Let’s Print Holding AG, which Taylor Wessing describes as “one of the leading printing companies in Central and Eastern Europe.” Rojs, Peljhan, Prelesnik & partners (RPPP) worked alongside Taylor Wessing, advising on matters of Slovenian law. KSW Kunz Schima Wallentin advised the shareholders of LEYKAM Let’s Print Holding on the transaction, which remains subject to merger control clearance. The purchase price was not disclosed.

Walstead was founded in 2008 in the UK. It currently employs 1,300 staff at five printing sites in the UK and two in Spain. LEYKAM Let’s Print group will act as its hub for expansion into Central and Eastern Europe. Indeed, following the acquisition, Taylor Wessing reports that “the combined Walstead and LEYKAM Let’s Print group will employ more than 2,000 staff at 11 European printing sites,” and that, “with annual revenues of approximately EUR 490 million, it will form the largest independent printing business in Europe.” The group will process over 565,000 tons of paper annually and specialize in the production of flyers, catalogues, magazines, and supplements.”

The Taylor Wessing Vienna team advising the Walstead Group was led by Partners Philip Hoflehner and Claudia Steegmuller, working with Associate Philipp Samonigg. Other members of the team included Partners Wolfgang Kapek, Alexander Scheitz, Martin Prohaska, Andreas Schutz, and Martin Eckel, and Associates David Konrath, Sandra Popp, and Sabine-Katharina Andreasch. Lawyers from Taylor Wessing Prague and Taylor Wessing London were involved as well.

The RPPP team consisted of Partners Bojan Sporar and Gregor Pajek and Senior Associate Rok Kokalj. 

The Kunz Schima Wallentin team was led by Lawyer Marie-Agnes Arlt, and included Partners Georg Schima and Daniel Liemberger. In the course of the transaction certain shareholders were also advised by Partner Christoph Leitgeb of Doralt Seist Csoklich.