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- Professionals
- Horst Henschen
Horst Henschen is an of counsel in Covington’s Frankfurt office and a member of the firm’s global antitrust and competition team.
Leveraging over 20 years of experience in antitrust matters, Mr. Henschen provides advice in complex M&A and joint venture transactions requiring international antitrust merger control approvals both in Europe, including in Germany and worldwide. Mr. Henschen also represents clients with fine proceedings before the Federal Cartel Office and the European Commission and coordinates immunity/leniency proceedings on a worldwide basis.
In addition, Mr. Henschen represented a number of non-EU companies in their foreign investment application to the German Federal Ministry of Economic Affairs and Energy securing a Certificate of Non-objection ("Unbedenklichkeitsbescheinigung") for their acquisition of shares in a German company.
Mr. Henschen has represented companies of a range of sectors, including life sciences and financial services, advising on all aspects of EU, German and international antitrust law, in particular in connection with merger control, cartel investigations and antitrust compliance programs and internal investigations.
- Representing Dashang Group Co., Ltd., China on its application for a Certificate of Non-objection ("Unbedenklichkeitsbescheinigung") in its acquisition of Schlossbrauerei Au-Hallertau Willibald Freiherr Beck v. Peccoz GmbH & Co. KG, Germany.
- Advising a Chinese medical device and equipment manufacturing and trading company on its application for a Certificate of Non-objection ("Unbedenklichkeitsbescheinigung") with regards to its acquisition of WISAP Medical Technology GmbH, Germany.
- Advising a Shanghai Stock Exchange listed company on its application for a Certificate of Non-objection ("Unbedenklichkeitsbescheinigung") regarding its acquisition of a German manufacturer of turning and milling parts for the automotive industry.
- A leniency applicant in the European Commission’s and other competition authorities’ car battery recycling cartel investigations.
- Standex Corporation in its acquisition of Oki Sensor Devices Corp., Japan.
- comdirect bank (a subsidiary of Commerzbank AG) in its acquisition of the online broker OnVista.
- General Electric Company in various merger control proceedings involving joint ventures.
- A worldwide-operating pharmaceutical company on several M&A transactions
- Intocast AG for receiving the European Commission’s approval as purchaser of the RHI Divestment Business and Magnesita Divestment Business.
- Outokumpu Oyj in its acquisition of the stainless steel business of Thyssen Krupp.
- An individual in a fine proceeding before the Federal Cartel Office.
- Conducted an internal antitrust investigation for a German production company.
- Several hospital mergers and assessment of possibility for an individual exemption of cooperations between hospitals under Art. 101 (3) TFEU / § 2 GWB.
Memberships and Affiliations
- Member of the Studienvereinigung Kartellrecht e.V.
- Founding member and for a period of approximately 5 years chairman of the Kartellrechtsforum Frankfurt e.V.
- Mr. Henschen was previously a lecturer in U.S. and international competition law in the master study program, "Mergers & Acquisitions" of the University of Münster, Germany (2011-2015).
December 4, 2020, Covington Competition
On 2 December 2020, the German government prohibited the acquisition of German company IMST GmbH, Kamp-Lintfort (“IMST”) by a Chinese investor. This is the second high profile prohibition decision issued by the German government this year on the grounds of Foreign Direct Investment (“FDI”) rules. Read in conjunction with the upcoming legislative tightening of ...
November 12, 2020, Covington Alert
The UK government has published long-awaited draft legislation that, if made law, will introduce significant new powers to scrutinise Foreign Direct Investment (“FDI”). The National Security & Investment Bill (the “NSI Bill” or the “Bill”), is proposed to introduce mandatory filing obligations and pre-clearance requirements for all transactions in the most ...
November 2020, Concurrences N° 4-2020
October 13, 2020, Covington Competition
On October 11, 2020, the EU FDI Screening Regulation (EU) 2019/452 – the “Regulation”) entered fully into force. The Regulation, which was approved and adopted in March 2019, establishes a framework for the screening of foreign direct investments (“FDI”) by EU Member States in which decision-making powers rest at the Member State level. Significantly, from...… ...
Germany flexes its muscles on foreign investment
June 25, 2020, Financial Times
Horst Henschen is quoted in the Financial Times regarding Germany’s investment into CureVac, a biopharmaceutical company attempting to find a COVID-19 vaccine. Mr. Henschen says, “Kuka was the trigger, but it’s a general policy shift. Ten years ago, Germany, an export country, was very much for globalization and no one thought of introducing hurdles. The shift ...
June 18, 2020, Covington Competition
On 17 June 2020 the European Commission (“Commission”) published a White Paper on new enforcement powers regarding foreign subsidies. This initiative pursues two objectives, first it sets out a general policy approach for foreign subsidies, and second, it provides a number of proposals to address a perceived regulatory gap. More specifically, the White Paper ...
June 18, 2020, Global Competition Review
Horst Henschen and Peter Camesasca spoke with Global Competition Review about the European Union’s new tools to address competitive distortion. Mr. Henschen says the supervisory authority will have “very broad powers to intervene.” The idea that the commission should be the competent supervisory authority may also “lead to a lively debate.” Mr. Camesasca says ...
Europe Takes Steps to Block Chinese Bargain Hunters
June 17, 2020, New York Times
Horst Henschen spoke with the New York Times about Europe’s plan to keep Chinese-backed companies from acquiring cheap assets during the COVID-19 pandemic. Mr. Henschen says the measures would give European officials “very broad powers.”
UK Government Appears Ready to Bring Forward Legislative Proposals for More Rigorous FDI Screening
June 4, 2020, Covington Alert
The UK has, in recent years, been one of the most attractive and open climates for foreign direct investment (“FDI”). Whilst the UK’s net FDI inflows have fallen significantly since 2016, it remains, as of 2018, one of the highest ranked countries in the world by FDI inflows. However, the UK Government’s power to scrutinise and intervene in FDI transactions ...
June 1, 2020, Covington Competition
The FDI space in Europe remains dynamic. Less than five months from the entering into force of the EU FDI Regulation, and just two months since the European Commission asked the Member States to both strengthen and “vigorously” implement the tools available to them and, where appropriate, introduce new FDI screening mechanisms –on which we...… Continue Reading
April 28, 2020, Covington Competition
The European Commission has added to its call to Member States to act on foreign direct investment (“FDI”) by announcing that it is ready to support EU-level cooperation on FDI now. Spurred on by the COVID-19 crisis and the perceived vulnerability of key EU assets, the informal cooperation announced by the Commission will bring into...… Continue Reading
German Competition Authority Provides Guidance on the Interplay of Merger Control and FDI Screening
April 28, 2020, Covington Competition
On 27 April 2020 the Federal Cartel Office in Germany (“FCO”) cleared the acquisition of Vossloh Locomotives GmbH (“Vossloh Locomotives”) by Chinese manufacturer CRRC Zhuzhou Locomotives Co. Ltd. (“CRRC”). FCO President Andreas Mundt stated that the in-depth investigation found that initial concerns were not serious enough to justify prohibiting the transaction. ...
April 17, 2020, Politico
Horst Henschen and Peter Camesasca spoke with Politico about the European Commission’s push to make foreign investment screening less national and more European. However, Italy is not conforming to the idea. Mr. Henschen says, “I hope this is really due to the corona crisis and that things will go back to normality, as otherwise there will be apparent conflicts ...
April 15, 2020, Covington Competition
With a remarkable statement in an interview with the Financial Times published on 12 April 2020, the Commission Vice President Margrethe Vestager in charge of Competition was cited to have declared that the Commission has “no issues” with EU Member States buying shares in companies to prevent takeovers by foreign acquirers, in particular by State-backed...… ...
April 14, 2020, Juve
Horst Henschen is quoted in Juve regarding the German government’s move to tighten controls of foreign direct investment in the wake of the COVID-19 pandemic. Mr. Henschen says, “The criticism from the economy is partially understandable, especially with regard to the enforcement ban for the acquisition of companies in critical infrastructures. In contrast to ...
April 9, 2020, Covington Competition
The German government has proposed a new draft bill reforming the current foreign direct investment (“FDI”) regime, which is likely to have a significant impact on all M&A transactions involving acquisitions of 10% or more of the voting rights in German companies active in “critical infrastructures” and “critical technologies” by any non-EU investors. Under ...
March 26, 2020, Covington Alert
On March 25, 2020, the European Commission (“Commission”) published a policy paper to provide guidance to the EU Member States regarding takeovers by non-EU (“foreign”) investors of EU companies and assets in "strategic industries" during the Covid-19 crisis (the “Guidance Paper” or the “Guidelines”). The Commission emphasizes the importance of vigorously ...
March 25, 2020, Covington Competition
This blog post explores whether collaboration among competitors to manufacture and/or distribute critical products and services in specific sectors such as logistics, medical supplies, and groceries and supermarkets, etc. can be justified under European competition law during a crisis even when the collaboration would not be defensible in the absence of the ...
Covington Named to GCR's Global Elite
January 23, 2020
WASHINGTON—Global Competition Review has once again named Covington to its 2019 "Global Elite," a list of the top 25 firms practicing competition law internationally, as well as including the firm in the list of top ten antitrust litigation practices globally. Now in its 20th year, GCR100 undertakes extensive analysis of antitrust and competition law groups in ...
April 5, 2019
WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...
January 17, 2019, Juve
Juve covered the arrival of Horst Henschen as a member of the firm’s Antitrust practice in Frankfurt. Juve called Covington “a respected player in merger and antitrust investigations in both the US and Brussels” and highlighted Mr. Henschen as “well connected in the antitrust scene in Frankfurt.”
January 16, 2019, Covington Alert
On December 19, 2018, the German Government decided to further tighten the rules for the control of foreign investments in German companies under the German Foreign Trade Regulation (Außenwirtschaftverordnung, “AWV” - the “Amendment”). Already in July 2017, the German Government adopted stricter rules for the control of foreign investments.
Clearance despite competition concerns – if you act on a “de-minimis market”, everything is fine!
August 7, 2017, LinkedIn
November 22, 2016, Deal-Advisors.com
2010, Schulte, Handbuch der Fusionskontrolle, First and Second Edition, Heymanns
2010, Jaletzke / Veranneman, Kommentar zum Finanzmarktstabilisierungsgesetz
October 1999, Wirtschaft und Wettbewerb
February 1998, Die Aktiengesellschaft
- Best Lawyers in America, Antitrust and Competition (2020)