FGvW advises Swiss Automotive Group on merger with online dealer Autoteile Pöllath

The Swiss Automotive Group AG (SAG) based in Cham, Switzerland and the German online car parts dealer Auto-Teile-Pöllath Handels GmbH (ATP) have decided to merge under the leadership of SAG. The automotive spare parts dealers are thus bundling forces in purchasing and e-commerce. The participation agreement was signed on December 20, 2019. The transaction is still subject to the approval of the cartel authorities.

In the context of the merger, Swiss Automotive Group AG was comprehensively advised on legal matters by our interdisciplinary team specializing in international M&A transactions under the leadership of our Freiburg partner Albert Schröder.

In the course of the merger, the Swiss company "AT Sourcing AG" was founded in order to optimally exploit synergy potentials in purchasing. Direct purchases from the parts manufacturers will in future be made via AT Sourcing AG. The market development of the ATP trading company will continue unchanged. The two established ATP locations Pressath (logistics) and Kirchenthumbach (administration) in the region Upper Palatinate (Bavaria) will remain.

The Swiss Automotive Group with its headquarters in Cham in Switzerland is a spare parts dealer for cars and commercial vehicles operating throughout Europe. In addition to service, repair and the supply of spare parts, the company also offers lubricants, car accessories, workshop equipment and consumables. The clientele includes garages, independent car repair shops, vehicle body shops and car electricians, but also manufacturers of special vehicles, resellers and specialist markets. In 2018, the company generated sales of around 900 million Swiss francs and employs around 3,200 people at over 180 locations.

Auto-Teile-Pöllath Handels GmbH (ATP), based in Pressath/Upper Palatinate, is a leading European supplier of automotive spare parts and specializes in the online sale of automotive spare and wear parts as well as automotive tools and accessories. With around 450 employees at four locations, ATP achieved sales of around 110 million euros in 2018. The trading company was founded in 2002 and since 2018 has been Germany's strongest eBay trader and one of the three largest eBay sellers in Europe. The capital increase by SAG ensures long-term financing and enables ATP to develop further in the growing online market.

SAG is currently being supported by us in other projects in Germany. The leading partner is Barbara Mayer. The contact to SAG was established through the Swiss law firm Kellerhals Carrard with whom we have been working closely for many years.

Advisors to Swiss Automotive Group (SAG):
Albert Schröder, Fribourg, Partner (Lead, M&A)
Barbara Mayer, Freiburg, Partner (M&A, Merger Control)
Andreas Imping, Cologne, Partner (Employment)
Frank Jungfleisch, Freiburg, Partner (IT)
Anneliese Moritz, Freiburg, Local Partner (Commercial)
Jan Barth, Freiburg, Senior Associate (Corporate, M&A)
Stephanie von Riegen, Freiburg, Senior Associate (Merger Control)
Lukas Kalkbrenner, Freiburg, Senior Associate (IP, Data Protection)
Peter Metzger, Freiburg, Senior Associate (Public Law)
Mike Weitzel, Cologne, Local Partner (Insurance Law)
Raphael Klesen, Freiburg, Senior Associate (Finance/Banking)