In a recent judgment, the Austrian Supreme Court found that the concept of the "single economic entity" (wirtschaftliche Einheit) may also apply to jointly controlled undertakings. The judgment entails an interesting discussion on the applicability of the antitrust group privilege in the relationship between a joint venture and its shareholders.
Tourism in Austria is booming. The capital, Vienna, has reported a 9.9% increase of overnight stays, to 7.94 million, in the period from January to June 2019, a new record. Demand for common rental platforms, such as Airbnb, has increased even more. For several years now, Austria’s federal states, municipal administrations, legislators, and competitors (in particular the hotel industry) have been kept busy with the business model of commercial short-term rentals.
Wolf Theiss has advised Erste Group Bank AG on the issue of EUR 500 million of Additional Tier 1 Notes and on the issue of EUR 750 million Mortgage Pfandbriefe. Linklaters and Rautner Rechtsanwalte advised the lead managers (HSBS, BofA Securities, Morgan Stanley, and Societe Generale) on the Tier 1 note issuance. Weber & Co advised the banks (Banca IMI, Danske Bank, DekaBank, DZ BANK, Erste Group (in its capacity as Manager) and LBBW) on the Mortgage Pfandbriefe.
Brandl & Talos has advised founders Simon Falkensteiner and Matthias Trenkwalder and investors including aws Gruenderfonds, Falkensteiner Ventures, and Nextfloor Ventures on the sale of RateBoard, a developer of a revenue management software for the hotel industry, to Zucchetti, an Italian software developer in the field of hospitality and restaurant industry.
Weber & Co. has advised Erste Group Bank AG as the sole bookrunner on the sale of 105,000 Marinomed Biotech AG shares by shareholders Acropora Beteiligungs GmbH, VETWIDI Forschungsholding GmbH, and BVT Beteiligungsverwaltung und Treuhand GmbH, at EUR 95 per share. Herbst Kinsky advised Marinomed on the sale.
Wolf Theiss and Linklaters had advised J.P. Morgan and Erste Group Bank AG as joint book-runners on S Immo AG's issuance of 6,691,717 new shares via an accelerated book-building procedure involving the exclusion of shareholders' subscription rights. S Immo AG was reportedly advised by DSC Doralt Seist Csoklich.