Challenge

Alber & Geiger was engaged by Xiaomi, the best-selling phone manufacturer in the EU to fend off against initiatives in the member states’ that could spill-over into the European Union. Our team was called in to provide strategic support, monitoring and analysis of ongoing EU policy initiatives and member states cybersecurity reports that had the potential to affect Xiaomi’s business in Europe.

Strategy

Alber & Geiger engaged on a plethora of issues, including EU-China relations, cybersecurity, right to repair, cyber resilience act, corporate sustainable due diligence, sanctions as well as the digital markets act, by providing high-end analysis and advise on content and engagement with the European Institutions, including the European Parliament and the European Commission. We also helped compile language to assist Xiaomi in addressing European Parliament concerns on the need to protect consumers from Chinese mobile phones by highlighting Xiaomi adherence to EU GDPR standards and norms.

Results

We were able to learn firsthand of ongoing EU initiatives in the Commission or in the European Parliament affecting Xiaomi, and quick to provide analysis and message to advocate vis-à-vis the institutions. Alber & Geiger addressed the concerns raised in reports, letters and policy initiatives. This approach enabled us to protect the image of Xiaomi, and its position in the European market.

Challenge

Our client, a Lottery Association, was faced with a network of monopolistic EU Member State laws and regulations that impeded the ability of its members – all private lottery operators – to exercise EU market freedoms. Alber & Geiger was enlisted to steer the developing legal framework in the field of gambling law and tear down restrictions of private lotteries in Europe. The challenge was to politically link the freedom of establishment with cross border lotteries based on the CJEU’s decisions on gambling freedom.

Strategy

The strategy was built upon the respected Opinion of our Chairman on the Gambelli case when he was a Advocate General at the CJEU. The Opinion was used as a roadmap for judicial and legislative change during this seminal mandate. It articulated the narrow circumstances where a restriction on freedom of establishment would be justifiable by general interest concerns.

The strategy was structured on all levels according to the integral components of the Opinion. It utilized the intellectual resources of our firm to co-ordinate the legislative dialogue in a direction that facilitated the creation of a EU wide free gambling market. We provided components of the machinery as well as oiling the cogs of law reform.

Results

We provided long term, fixed judicial capital for our client and legislative change. Due to the ongoing successful execution of our strategy, recent judgments of the CJEU with respect to German and Austrian gambling restrictions have been echoing the Opinion.

The CJEU now professes that in order to justify monopolistic state gambling regulations legislation must “ensure a particularly high level of protection” and a “coherent” gambling market. There must now be specific and narrow circumstances to legitimize curtailments to the freedom of establishment in the gambling market. This CJEU strategy must now be followed by the European Commission when checking EU Member States’ gambling restrictions.

Challenge

Global Hospitality Investments (GHI) was a large US real estate private equity investor. It acquired two properties with a loan from the former Hypo Real Estate Group (HRE). Following, the HRE’s portfolio was transferred to FMS Wertmanagement (FMS), the Federal government’s winding up institution for the HRE.

GHI offered to buy back the loan from FMS to save the property investments and proceed with the development plans. FMS was not willing to deal with GHI, which made any solution almost impossible. GHI sought Alber & Geiger’s help with the ensuing impasse to find a deal.

Strategy

We crafted a clear and concise message for the German government and the Bundestag that highlighted the bureaucratic approach of FMS regarding the offer put forward by GHI. The behaviour of FMS did not respect good governance principles and ignored the purpose upon which it was created, namely to “unwind the portfolio whenever it is financially advantageous and thus to achieve the best possible outcome in the interest of the German taxpayer.” The strategy demonstrated to the German Finance Ministry and the Bundestag that the circumstances demanded an equitable treatment of GHI. It drew on an understanding of the financial the political mindset in Germany that was used to strengthen the GHI proposal.

Results

Alber & Geiger helped GHI prepare the offer and guided the it through the entire process while ensuring the political backing of the German Finance Ministry and the Bundestag for a deal with FMS Wertmanagement. The transaction was finally successfully completed.