“Pay-per-part Model”: Menold Bezler wins Federal Cartel Office approval for strategic partnership between TRUMPF and Munich Re

On October 27th, 2020, the German Federal Cartel Office issued its approval for the strategic partnership between machine tool manufacturer TRUMPF and the Munich Re insurance company group for a jointly developed “pay-per-part model”. Under this new distribution model, customers will no longer purchase or lease laser-cutting machines from TRUMPF but instead pay a previously agreed price for each part processed.

Munich Re. will handle the purchase and financing of the machinery while TRUMPF will supply the customer with the machinery and all components required for production. This joint service offering will allow customers to acquire a new laser-cutting machine without having to make a major investment and flexibly and dynamically adjust production in response to market changes.

The partnership between TRUMPF and Munich Re is based on a contractual cooperation. The cooperation falls within the scope of merger control proceedings due to the sharing of the financial risk and the opportunity for both parties to exert influence. This is why the transaction had to be registered with the Federal Cartel Office even without the formal establishment of a company. Menold Bezler advised TRUMPF on the anti-trust law aspects of the cooperation and coordinated the merger control proceedings on behalf of TRUMPF.

 

TRUMPF GmbH + Co. KG:

Menold Bezler (Stuttgart): Dr. Jochen Bernhard (Partner), Daniel Klass (both anti-trust)

Inhouse legal team (Ditzingen): Christian Greger (head of legal), Manuel Roos (legal department)

Relevant areas of practice for