Markus Hauptmann | White & Case LLP International Law Firm, Global Law Practice
Markus Hauptmann
Markus Hauptmann

Markus Hauptmann

Partner, Frankfurt

Markus Hauptmann is named as a Highly Recommended Lawyer in M&A and Corporate Law by JUVE 2014/2015.

Overview

Markus advises clients on mergers and acquisitions, and corporate and capital markets law matters. He guides both domestic and international clients through complex transactions, helping them to navigate a wide range of legal issues arising from their activities.

Clients benefit from Markus' extensive experience in transactions involving the purchase and sale of companies. His work in this area includes advising EDEKA, Germany's largest food retailer, on the acquisition of supermarket chain Kaiser's Tengelmann, which at that time had 451 stores, with approximately 16,000 employees and an annual turnover of €1.8 billion. This transaction represented the largest ever deal in the German food industry.

Markus has also developed a strong track record in advising clients on public takeover transactions and establishing international joint ventures. He represented the Swiss chemical corporation Clariant, in the takeover of the German chemical corporation Süd-Chemie AG, which at that time had an annual turnover of €1.225 billion and 6,500 employees. He also advised Clariant on the formation of a globally operating joint venture with Wilmar, a leading listed agribusiness group headquartered in Singapore.

In addition, Markus Hauptmann regularly provides board room advice to listed companies, partnerships or cooperatives on compliance and liability related issues as well as on corporate and partnership law besides issues arising under capital markets law.

Active in a number of professional organizations, Markus is a member of the Committee on professional law of the German Lawyer's Association, and sits on the Advisory Board of the Bucerius Center on the Legal Profession.

Bars and Courts

  • Certified Tax Lawyer
  • Advokat, Czech Republic
  • Rechtsanwalt

Education

  • Second State Exam, Higher Regional Court of Cologne
  • First State Exam, University of Cologne

Languages

  • German
  • English

Experience

EDEKA, acquisition of Kaiser's Tengelmann supermarket chain, 2014

Advised the leading German food retailer EDEKA ZENTRALE and its subsidiary Netto Marken-Discount, Germany's third largest discount chain, on the acquisition of its competitor Kaiser's Tengelmann GmbH, a member of the Tengelmann Group and the seventh-largest food retailer in Germany. The transaction includes 451 Kaiser's Tengelmann stores, which have almost 16,000 employees and a combined annual turnover of approximately €1.8 billion. As part of this transaction, which is still subject to approval by the German cartel office, EDEKA ZENTRALE also acquired the Tengelmann Group's online business.

Clariant AG, formation of global joint venture with Wilmar, 2012

Advised Clariant AG on the establishment of a 50:50 joint venture with Wilmar, a leading listed agribusiness group headquartered in Singapore. The joint venture was formed to serve as a global platform for the production and distribution of amines and selected amine derivatives worldwide.

AIXTRON AG, conversion into AIXTRON SE, 2011

Advising dual-listed AIXTRON AG, a leading provider of deposition systems for the semiconductor industry, with respect to its conversion into a European Company (SE).

Clariant AG acquisition, public takeover and squeeze-out of listed Süd-Chemie AG, 2011

Advising Clariant AG on the acquisition through a bidding process of Munich-based Süd-Chemie AG from its majority stockholder, One Equity Partners, and numerous family shareholders. Markus also advised Clariant on a subsequent mandatory takeover offer to the outstanding Süd-Chemie AG shareholders, as well as on the voluntary squeeze-out procedure at Süd-Chemie AG.

Sberbank, planned joint acquisition of Opel from General Motors, 2009

Advising Sberbank on the planned joint acquisition, together with Canadian auto-parts manufacturer Magna International, of a 55 percent interest in Adam Opel GmbH from the US automobile producer General Motors.

EDEKA, acquisition of discount chain Plus from Tengelmann, 2009

Advising Germany´s largest food retailer EDEKA on its acquisition from Tengelmann Group of 2,300 Plus discount stores, with 27,000 employees. Markus also advised on the subsequent integration of these stores and their staff into EDEKA's discount subsidiary, Netto Marken-Discount, thereby forming a leading German discount company with 3,800 stores, turnover of €10 billion and more than 40,000 employees. This was the largest ever transaction in the German food retail industry.

Marktkauf Holding GmbH, sale of 133 DIY stores to toom Baumarkt, Rewe Group, 2007

Advising Marktkauf Holding GmbH on the sale of its Do-It-Yourself (DIY) division, comprised of 133 stores with 4,900 employees, to toom BauMarkt GmbH, the specialist store subsidiary of food trading company REWE Group, in the context of a mixed asset/share-deal.

Otto Happel, block trade of listed shares in GEA Group AG, 2006

Advising Otto Happel, the major shareholder of GEA Group AG, on the sale of its approximately 20 percent shareholding in GEA Group AG, through a block trade.

SGL Carbon AG, joint venture agreement with Audi A, 2005

Advising SGL Carbon AG on the negotiation and execution of a joint venture agreement with AUDI AG for the development and production of carbon ceramic disc breaks in the automotive industry.

Speaking Engagements

"Innovation in the Legal Industry, Important Instruments (for the Client)", 19 November 2014: Part of the 8th implementation of the diploma course "Management for the Legal Profession (MLP-HSG)" at the University St. Gallen,
St. Gallen, Switzerland
, (Presenter)

"Development of the National and International Dispute Resolution Business – Where Are We Going?", 10 November 2013: symposium for a Frankfurt dispute resolution center,
Frankfurt, Germany
, (Presenter)

Publications

  • The self-driving car – a new legal frontier?, Business Law Magazine Issue 4, Pages12-14, 2015, (co-author with Bijal Vakil)
  • Innovations in the legal advice market, Thomas Wegerich and Markus Hartung. 1st edition, Frankfurt am Main, p. 184 et seqq, 2014., (Der Rechtsmarkt in Deutschland - Überblick, Analyse, Erkenntnisse)
  • Mutual Share and Asset Swap – an Alternative Transaction Currency in Company Acquisitions, CFL, Issue 03, p. 125-134, 2013, (co-author, with Matthias Hornberg) (Wechselseitiger Share und Asset Swap - eine alternative Transaktionswährung beim Unternehmenskauf)
  • Growth and exit strategies, Handbuch der Kleinen AG. Ed. Ulrich Seibert, Roger Kiem and Matthias Schüppen. 5th edition, Cologne, p. 435 et seqq., 2008, (Wachstums- und Exitstrategien)
  • The correct management structure for initial public offerings, Praxishandbuch Börsengang. Ed. Deutsche Börse AG. Wiesbaden, p. 79 et seqq., 2006, (Die richtige Managementstruktur für den Börsengang)
  • Financing confirmation pursuant to § 13 of the German Takeover Act: Legal issues in connection with public cash offers primarily based on debt financing, Die Aktiengesellschaft, p. 277 et seqq., 2005, (co-author, with Alexander Georgieff) (Die Finanzierungsbestätigung nach § 13 WpÜG: Rechtsfragen im Zusammenhang mit überwiegend fremdfinanzierten öffentlichen Barangeboten)

Awards & Recognition

Highly Recommended Lawyer, JUVE 2014/2015

M&A

Highly Recommended Lawyer, JUVE 2014/2015

Corporate

Highly Recommended Lawyer, Best Lawyers/Handelsblatt 2015

Mergers and Acquisitions Law