Challenge

Vivacom, the former telecom monopolist in Bulgaria, sought Alber & Geiger’s help in tackling the Bulgarian Communications Regulation Commission’s (CRC) arbitrary and disproportionate mobile termination rates. Concurrently we were tasked with addressing the problem of illegal cables in Bulgaria, while the Commission’s position was that this issue ought to be handled solely at national level.

Strategy

The strategy adopted, demonstrated how broad ranging Treaty obligations should be translated into government actions. It had a strong EU public law and policy element, with consumer protection at the forefront. It helped Bulgaria understand and implement its EU law obligations. It enhanced the notions of fairness and proportionality in the civic realm. We used sophisticated fact-finding and law and economics analysis, to outline where subsidiarity pointed to, regarding the illegal cables.

Result

Vivacom has now been put in a position where it is better able to serve the public. Alber & Geiger’s lobbying activity resulted in the European Commission asking CRC not to discriminate when setting the level of termination rates between fixed and mobile networks. CRC significantly lowered Bulgaria’s termination rates to the benefit of consumers. Equally the EU Commission came on board with us to address the issue of illegal cables, exerting pressure on Bulgaria, demanding their immediate removal. A remarkable process of removals is now underway.

Challenge

A US Fortune 500 chemical company approached Alber & Geiger seeking regulatory and advocacy support over a European Union proposal that would have classified Titanium Dioxide as a cat.2 suspected carcinogen by inhalation. Such a decision would have affected our client’s revenue and increased risk of similar regulatory measures in the other jurisdictions across the globe.

Strategy

With the experts opinion from the ECHA’s Risk Assessment Committee delivered to the European Commission, our team quickly embarked on a campaign aimed at highlighting the broader ramifications of classification on other EU policies and beyond Titanium Dioxide.

We pursued a strategy that put the spotlight on loss of consumer choice, impact on jobs and EU competitiveness as well as cost to downstream users. Alber & Geiger also broadened the issue to include political considerations and other players. On top of the European Commission, in particular DG Envi and DG Grow and the Member States’ Competent Authorities, we reached out to the Permanent Representations of the Member States as well as select Members of the European Parliament.

Results

Our advocacy helped thwart the original carcinogen classification that would have harmed our client. Through active engagement at the regulatory and political level, we helped find a suitable compromise for our client, which was then mirrored in the European Commission amended proposal.

Instead of outright carcinogen labelling on Titanium Dioxide, the European Commission changed its position by agreeing for classification to apply to Titanium Dioxide in powder form, only on the level of manufacture and without carcinogenicity labelling in the end products.

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.