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FGvW advises DS Group on the acquisition of UTG Unabhängige Tanklogistik GmbH

FGvW has advised DS Energie-Holding, a fully owned subsidiary of the Bremen-based company Diersch & Schröder GmbH & Co KG ("Diersch & Schröder"), on the acquisition of all shares in UTG Unabhängige Tanklogistik GmbH ("UTG") in a bidding process. The closing is still subject to clearance by the German Federal Cartel Office and is expected to be completed in December 2021.

The acquisition significantly strengthens Diersch & Schröder's market position in the German tank storage market, expanding their portfolio to more than 730,000 cubic metres of tank space at their sites in Bremen, Nordenham, Greifswald, Kiel, Blexen, Bremerhaven, Essen, Bückeburg, Weiden and Meppen. UTG will continue to operate as a legally independent, neutral tank storage company following the change in shareholders. All existing locations, contracts and orders will remain unaffected.

Since its foundation in 1920, the family-owned and operated Diersch & Schröder group has developed from a mineral oil trader into a modern energy and chemical company employing more than 800 people in 21 subsidiaries, operating in Germany and abroad. The shareholder family, now in its fourth generation, is committed to long-term involvement in the group of companies.

The medium-sized and also family-run Bremerhaven-based service and trading company UTG operates five of its own tank farms at four locations and is also active in the waste disposal and recycling as well as bunker service business segments. In total, 96 people are employed by UTG.

Diersch & Schröder was advised by our cross-office M&A team, led by Jan Barth. At Diersch & Schröder, internal coordination was in the hands of the head of the legal department, Christian Furthmann. FGvW has been advising and representing Diersch & Schröder regularly in corporate law matters, compliance issues and transactions since 2011. The main contact at FGvW is Barbara Mayer. The financial due diligence was carried out by the Hamburg office of the auditing and consulting firm Ebner Stolz.

Advisors to DS:

Jan Barth, Senior Associate (Lead, Corporate, M&A, Freiburg)
Olaf Konzak, Partner (Environmental, Hazardous Substances and Public Law, Köln)
Oliver C. Erhmann, Partner (Taxes, Berlin)
Barbara Mayer, Partner (Merger Control, Freiburg)
Yusuf Yildirim, Senior Associate (Taxes, Berlin)
Lukas Kalkbrenner, Senior Associate (IP and Data Protection, Freiburg)
Till Böttcher, Senior Associate (Real Estate, Freiburg)
Andreas Schubert, Senior Associate (Labor Law, Freiburg)
Daniel Rombach, Associate (Commercial and Antitrust Law, Freiburg)
Christian Osbahr, Associate (Corporate, Freiburg)
Ebner Stolz, Hamburg

Jan Barth

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