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Dr. Annette Mutschler-Siebert, M. Jur. (Oxon)

Partner
+49.(0)30.220.029.355
Fax +49.(0)30.220.029.499

Dr. Annette Mutschler-Siebert is a partner in the firm’s Berlin office. She advises clients on public procurement law as well as European and competition law. She is particularly experienced in advising clients on the design of and participation in complex procurement procedures, privatization projects and public private partnerships for both the bidding and the contracting party.

Dr. Annette Mutschler-Siebert also advises clients on issues relating to antitrust law, in particular the structuring of distribution networks, the structuring of research and development agreements and competition law compliance. She advises and supports clients in merger filing procedures as well as investigations by the competition authorities. Her practice also includes the regular representation of clients before the special procurement review bodies, the German Federal Cartel Office and the European Commission as well as German and European Courts.

Ms. Mutschler-Siebert is recommended for her public procurement work by Chambers Europe 2016, Who’s Who Legal and JUVE Handbuch, a leading German legal publication.

Professional Background

Dr. Mutschler-Siebert joined K&L Gates in July 2009. From 2003 through 2009 she worked for another renowned international law firm in Berlin, where she was principal associate between November 2007 and 2009.

Speaking Engagements

  • MA course of studies in Real Estate Law – University of Münster, course on procurement law, since 2009
  • Lecturer in the context of the further training course to gain the “Qualification as a funds manager for companies” (Qualifizierung zum Fördermittel-Manager für Unternehmen) by Emcra (2011-2014) – Public tendering: opportunities and pitfalls from the bidder’s point of view
  • SPNV workshop “Procuring vehicles at favorable prices“ (Fahrzeuge günstig beschaffen), in cooperation with Interfleet Technology GmbH, since 2011
  • Master Class: Awarding and Managing Concession Contracts using Directive 2014/23/EC, Maastricht 09/10 June 2016, EIPA
  • Procuring transport services, vehicles and other services for the local and regional transport network pursuant to the new procurement law regiment, expert conference on development, tendering and procurement of suburban and tram railway systems, 05/06.04.2016, Breidenbach & Frost
  • Lecture at the 7th K&L Gates Rail and Infrastructure Finance Conference (12 November 2015): procurement of transport services and vehicles pursuant to the new procurement law regiment
  • “Public procurement sanctions and self-cleansing: current practice and the future corruption database” (Vergabesanktionen und Selbstreinigung: Aktuelle Praxis und das künftige Korruptionsregister), BUJ KartR Summit (2014)
  • “Strategic public procurement: opportunities, risks, implementation“ (Strategisches Beschaffungswesen: Chancen, Risiken, Umsetzung), Wegweiser Media & Conferences GmbH Berlin, 16th Procurement Conference (2014)
  • Speaker at various Euroforum events, e.g. key focus procurement law 2012: “The end of distinguishing between suitability and award criteria?” (Kein Mehr an Eignung – das Ende der Trennung zwischen Eignungs- und Zuschlagskriterien?) and 2011: “Admission or admissibility and evaluation of alternative tenders” (Zulassung bzw. Zulässigkeit und Wertung von Nebenangeboten)
  • In-house workshops on procurement and antitrust law for companies, recently for an international telecommunications company

Additional Information

Apart from her lecture and publication activities on issues regarding procurement, antitrust and European law, Annette Mutschler-Siebert is

  • Chairwoman of the Executive Committee of the Working Group Public Procurement Law  of the German Bar Association “DAV”
  • A member of the advisory committee of the procurement law journal “VergabeR” and
  • Lecturer for the professional legal training course for procurement law organized by Juristische Fachseminare.
Among others, Ms. Mutschler-Siebert has advised and/or represented:

Procurement law and public private partnerships
  • Bidding consortia on almost all tender procedures regarding the award of the so-called A models (privately financed construction and operation of federal motorways, PPP), in particular advice to the successful bidding consortium for the A models A 4, A 5 and A 8 II, A 7 (including representation in procurement review proceedings).
  • A federal ministry within the scope of the research project “Statistics of public procurement in Germany – basic principles and methodology” (Statistik der öffentlichen Beschaffung in Deutschland – Grundlagen und Methodik), especially with regard to the examination under procurement and public law of various organization and competency models.
  • A bidding consortium in the public private partnership tender procedure of a major German city. The procedure concerned the restructuring, conservation and financing of more than 150 municipal engineering structures for a period of over 30 years.
  • SWU Verkehr GmbH as contracting authority on the conception and implementation of a procurement procedure for the acquisition of tram vehicles.
  • Zweckverband Nahverkehr Westfalen-Lippe on the structuring of innovative financing models for rolling stock and the procurement of services in passenger rail transport.
  • DSM Deutsche Städte Medien GmbH in a preliminary ruling procedure before the European Court of Justice in Luxembourg.
  • A German pharmaceutical company with regard to competition and public procurement law issues.
  • The Ministry for Economic Affairs, Energy and Industry of the Federal State of North Rhine-Westphalia on the assessment of “Konnexitätsfolgenausgleich” – financial compensation as a result of the so-called “Konnexitätsprinzip” (assignment of tasks and funds to federal states) – and on the evaluation of the “Tariftreue- und Vergabegesetz” of North Rhine-Westphalia, the law on collective bargaining and public procurement.
  • Berlinwasser Holding AG, Berliner Wasserbetriebe AöR on issues pertaining to several award procedures pursuant to VOB/A (German Construction Contract Procedures), VOL/A (German Regulation on the Award of Public Service and Delivery Contracts) and VOF (German Regulation on the Awarding of Contracts for Freelance Services), to services provided and planning services.
  • A large foreign transport company as bidder in an award procedure for transport services in the regional passenger rail transport subnetwork of S-Bahn Berlin (Berlin’s suburban railway network).
  • A large international provider of IT and banking services as bidder in a procedure for the privatization of a subsidiary of a public credit institution.
  • A private institute in the healthcare sector in review proceedings concerning a large research and evaluation contract in the healthcare sector.
  • Pharmaceutical companies Stada Pharm and Aliud as bidders in an award procedure and review proceedings before the Federal Public Procurement Tribunal and the Düsseldorf Higher Regional Court.
  • A telecommunications company on a regular basis in the context of and following the awarding of concessions.
  • The Ministry for Social Affairs, Labor, Healthcare and Demography of the Federal State of Rhineland-Palatinate in the context of the evaluation of the “Landestariftreuegesetz”, the law of the federal state of Rhineland-Palatinate on the adherence to collective bargaining contracts.
  • An international railway operator in connection with the awarding of S-Bahn Nürnberg (Nuremberg’s suburban railway network) and various lines in Baden-Wuerttemberg.
  • A German municipal cleaning company on procurement law issues in connection with cooperation models with operators of waste incineration plants.
  • A provider of closed-end funds and structured financing solutions as bidder in an award procedure of the Zweckverband Nahverkehr Rheinland (“NVR Leasingmodell”) for the Rhein-Ruhr-Express railway network.
  • A company in the metalworking industry in the context of various award procedures.
  • An aerospace and defense company in the context of an award procedure for the acquisition of military aircraft components.
  • A provider of occupational retirement benefits in review proceedings before the Federal Public Procurement Review Body and the ECJ with regard to compulsory tendering of occupational retirement benefits.
  • A leading provider of IT business procedures and IT consulting services as bidder in an award procedure of Deutsche Bahn AG.
  • A leading provider of technology solutions in maritime shipping on procedural issues in an award procedure of the European Maritime Safety Agency.
  • A municipal housing developer on the introduction of an electronic contract awarding platform.
Merger Control and Competition Law
  • A global investment company on merger control regarding the acquisition of shares of a supplier of business intelligence, analysis and planning applications, including notification to the German Federal Cartel Office.
  • Darling International Inc. on competition law and regulatory aspects in the context of a due diligence and support with regard to merger control law in connection with the acquisition of the Ingredients division of VION Holding N.V., including notification to the German Federal Cartel Office.
  • Microsoft on merger control and competition law regarding the purchase of all shares in the German software company Codenauts GmbH, including the acquisition of the crash analytics and beta distribution service HockeyApp.
  • Oakley Capital on merger control regarding the sale of Verivox GmbH, an online comparison portal, to ProSiebenSat.1.
  • Allegheny Technologies Incorporated on merger control regarding the sale of the business section “tungsten products” to Kennametal Inc., including notification to the German Federal Cartel Office.
  • An internationally operating company for public services on merger control law with regard to the increase of a holding in a company as well as the completed first-time acquisition of shares, including notification to the German Federal Cartel Office.
  • A supplier in the automotive industry on merger control law with regard to the acquisition of a manufacturer of hydraulic tubes, including notification to the German Federal Cartel Office.
  • Deutsche Wohnen AG on merger control law in connection with the acquisition of several real estate portfolios, including notification to the German Federal Cartel Office.
  • A manufacturer of security documents and systems with regard to three planned transactions under merger control law.
  • Competition law advice to DSB International Kopenhagen (Denmark) with regard to its entry into the German market.
  • Harlequin Enterprises Ltd. (“Harlequin”) on competition law issues in connection with the increase of its holding in Cora Verlag GmbH and Co. KG. Harlequin belongs to the largest Canadian media publishing company TORSTAR.
  • Continental Automotive GmbH on competition law issues in connection with the sale of its worldwide traffic management system solutions business.
  • A large German telecommunications company on regulatory and competition law issues.
  • A developer and manufacturer of photography and imaging solutions and graphic systems on competition law issues regarding the design of an OEM supply agreement.
  • An independent research and consulting institute on questions regarding competition law aspects of structuring and carrying out a study in the insurance sector.
  • A developer and manufacturer of headsets and related equipment regarding competition law aspects of structuring a selective distribution system.
  • A developer and manufacturer of bicycle accessories on competition law issues regarding the structuring of the distribution system.
  • A software company on competition law and IP/IT law issues regarding a framework agreement for the development and distribution of a software system and the respective terms of use for end users.
  • A manufacturer of optical products on competition law issues with regard to the structuring of sales agreements.
  • A price comparison portal on competition law issues in the context of various legal disputes regarding contractual payment claims.
  • An international aerospace and defense company on competition law, public procurement law and civil law regarding entering into a consortium agreement and in public procurement proceedings.
  • A developer and manufacturer of gauging equipment for clinical diagnostics and life science on competition law issues with regard to a research and development agreement.
  • A manufacturer of healthcare products on competition and civil law matters for all locations with regard to the design of the general terms and conditions and the distribution structure.
  • A manufacturer of gaming technologies and equipment for lotteries and bookmakers on competition law issues regarding various clauses in an IT framework agreement.
  • A software company on, among other things, distribution restrictions in software licence agreements under competition and regulatory law.
  • An online lottery with regard to a planned restructuring under competition law.
  • A company of the metalworking industry on competition law issues, including carrying out a competition law training course and revision of the compliance guidelines.
  • Ball Packaging Europe GmbH on competition law issues, especially in connection with distribution models.
  • A book and media wholesaler in, among other things, a legal dispute under civil law regarding competition law violations of the opposing party. Advice regarding the structuring of contracts with publishing houses, buying syndicates and the distribution of e-books.
  • A German operator of TV platforms on competition law issues regarding access claims of broadcasters.
Compliance and Regulatory
  • An internationally operating listed company in the context of an internal investigation in connection with the possible involvement in a cartel in the market for certain steel products, including the drafting of a leniency application to the EU Commission.
  • An online company in the context of an internal investigation regarding agreements in potential violation of antitrust laws.
  • An international provider of voice communication, data infrastructure and network products in the context of an internal investigation regarding suspected corruption.
  • An internationally operating listed company in the context of an internal investigation regarding the possible involvement in a cartel in the market for certain chemical products, including the drafting of a leniency application to the EU Commission.
  • An online company in the context of an informal exchange with the German Federal Cartel Office in order to dispel the suspicions of violations against antitrust law posed by certain services.
  • A company of the metalworking industry with regard to regulatory and procurement law matters in connection with REACH compliance requirements in public tenders.
  • An aerospace and defense company on regulatory issues with regard to product and safety standards in Germany and Europe in the context of advising on a tender procedure for the procurement of military aircraft components.
  • A machinery manufacturer on various export law issues, especially with regard to the sanctions against Russia and the various supply prohibitions as well as the terrorism blacklists.
  • A company in the cocoa industry on matters pertaining to payment transactions with Iran with regard to the sanctions against Iran.
  • A manufacturer of software on issues regarding the classification of software products under the dual use regulation or the export list and the relevance of US export control laws.
  • A global provider of experience design solutions on matters pertaining to export control laws in connection with the sanctions against Iran.