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Marion Baumann

Counsel
+49.(0)30.220.029.306
Fax +49.(0)30.220.029.499
Marion Baumann is counsel in the firm's Berlin office and and part of the public procurement and antitrust practice groups. She advises clients on matters in connection with procurement law, European and antitrust law, as well as public commercial law. Predominantly, Ms. Baumann drafts and supports contracting authorities and bidders in connection with complex procurement proceedings and infrastructure projects.

Ms. Baumann advises clients comprehensively on antitrust matters, including the structuring of distribution, the design of research and development and technology transfer agreements, as well as antitrust compliance. In addition, she advises and supports clients with regard to application procedures under merger control law.

Professional Background

Marion Baumann joined K&L Gates in November 2008. After passing her First State Exam in 2006 at the Ludwig Maximilian University of Munich, she also passed her Second State Exam 2008 in Munich. In 2018, she obtained her accreditation as a “Specialist Lawyer for Public Procurement Law” (Fachanwältin für Vergaberecht).

Speaking Engagements

  • Speaker in the training program of DeutscheAnwaltAkademie regarding “Reasons for exclusion, exclusion from calls to tender and self-cleaning” (November 2017)
  • Took part as speaker in the further education course “Qualification as a funds manager for companies” (Qualifizierung zum Fördermittel-Manager für Unternehmen) by Emcra (2012-2014) – Public tendering: opportunities and pitfalls from the bidder’s point of view
  • In-house workshops on procurement law for companies, recently for an international telecommunications company
  • In-house workshops on antitrust law for companies, recently for an online company

Additional Information

Publications
Marion Baumann is the author of the online commentary on procurement law „BeckOK Vergaberecht”, which was published in 2016.
Among others, Marion Baumann has advised and/or represented:

Procurement law and public private partnerships
  • A city in Germany on the tendering of tramways.
  • Bidding consortia on a tender procedure regarding the award of the so-called A models (privately financed construction and operation of federal motorways, PPP), A 7 II.
  • A manager of city light systems on a tender procedure in a city in Germany.
  • SWU Verkehr GmbH as contracting authority on the conception and implementation of a procurement procedure for the acquisition of tram vehicles.
  • A German pharmaceutical company with regard to competition and public procurement law issues.
  • 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 telecommunications company on a consistent basis in the context of and following the awarding of concessions.
  • An international railway operator in connection with the awarding of S-Bahn Nürnberg (Nuremberg’s suburban railway network) and various lines in Baden-Wuerttemberg.
  • An aerospace and defense company in the context of an award procedure for the acquisition of military aircraft components.
  • A leading provider of technology solutions in maritime shipping on procedural issues in an award procedure within the European Maritime Safety Agency.

Merger Control and Competition Law
  • An international manufacturer of components for X-ray imaging systems utilized for medical and industrial applications on merger control regarding the acquisition of a manufacturer of flat panel detectors, including notification to the German Federal Cartel Office.
  • Darling International Inc. on competition law and regulatory aspects in the context of 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.
  • 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.
  • Oakley Capital on merger control regarding the sale of Verivox GmbH, an online comparison portal, to ProSiebenSat.1.
  • 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.
  • An internationally operating company for public services on merger control law with regard to the increase of a holding within 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.
  • An international brand rights holder on competition law aspects in relation to the restructuring of the standard trademark agreement and agency agreement.
  • A dental images software developer on competition law aspects in relation to the restructuring of the standard distribution agreement.
  • A large German telecommunications company on regulatory and competition law issues.
  • An online company on the extension of service to the European market, as well as the German market.
  • An independent research and consulting institute related to 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 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.
  • 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.

Compliance, Regulatory and Customs Law
  • 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 specific 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.
  • An international manufacturer of platforms for off-shore wind parks as member of a bidding consortium on EU customs law regarding the transportation of such platforms to the German exclusive economic zone (EEZ).
  • An international health care diagnostics company on European customs law regarding an intended collaboration for testing specimen samples for German customers including the related export and import of samples.
  • An international manufacturer of biotechnology and medical technology products regarding import, stock and distribution requirements for dangerous goods.
  • A client in a customs procedure regarding a potentially wrongful declaration of goods and potential opening of a criminal procedure.
  • An international manufacturer of digital display mounting and mobility products regarding the conclusion of a service and consignment stock agreement.
  • An international manufacturing company regarding EU customs law questions related to the intended shutdown of its German subsidiary.