Public Business Law

Achieving economic goals within the framework of public law Introduction text

In practice, the planning and implementation of large-scale projects is the responsibility not only of companies, but often also of the public sector. This gives rise to a wide range of legal issues in which we support you with our national and international expertise. This also applies to questions pertaining to administrative, constitutional and foreign trade law.

Public commercial law at PwC Legal thus combines all the services that the public sector and other non-profit organisations demand. In this way, we ensure the strong networking of the various services involved, in order to be able to offer our clients holistic solutions for their project.

Environmental and planning law

In view of the current discussions concerning environmental, species and climate protection, environmental and planning law also remains highly relevant, and has a significant influence on the economic activities of public and private companies.

Compliance with environmental requirements is not only a statutory obligation, but also contributes significantly to a company’s image. At the same time, any failure to comply entails significant economic risks due to the steadily increasing density of regulations and the catalogue of duties involved. When planning construction and infrastructure projects, a precise knowledge of regulatory and environmental requirements is essential, in order to safeguard economic interests, bring infrastructure projects to a speedy and legally secure conclusion, and to ensure sustainability.

Our team of experts advises public and private companies on all environmental and licensing law issues, and is well-versed in dealing with municipalities, authorities and courts.

This is how PwC Legal supports you

Our lawyers advise you on:

  • Planning and implementation of approval and zoning procedures for construction and infrastructure projects, including securing land for these projects
  • Preparation of legal opinions on environmental and planning law issues
  • Preparation of feasibility studies in advance of planning and investment decisions
  • Drafting and negotiating project contracts and user contracts, as well as agreements under public law
  • Administrative proceedings and proceedings before the administrative courts
  • Environmental due diligence in the context of M&A transactions and the restructuring of companies (e.g. on issues of liability for soil contamination, on transfer/succession of operating licences, etc.)
  • Commissioning of environmental experts, planning offices and experts from other disciplines within the framework of projects and the legally compliant implementation of requirements.

Mobility including Local public transport (ÖPNV)

Society is becoming increasingly flexible, so the demands on mobility are increasing. Local public transport (LPT) on road and rail is a service of general interest whose operation and infrastructure require sustainable funding from the public purse. Networking these with other means of transport and using them efficiently (and in a climate-friendly way) are the decisive requirement for modern mobility. Our lawyers advise companies from the transport sector and the public sector on all issues relating to the organisation and financing of public transport. During the projects, we take into account the different interests of those performing the tasks, and strive for consensual solutions for local and regional markets. In the form of separate accounts, we also ensure the necessary separation of public services from commercial business, and thus enable the economic assessment of entrepreneurial activities that fall outside the scope of services pertaining to general public interest.

This is how PwC Legal supports you

Our lawyers advise you on:

  • The analysis of sustainable financing for public transport systems (stress test in the form of long-term planning)
  • The design and formulation of funding regulations, funding guidelines and funding bylaws
  • Direct awards to internal operators, in the case of SME direct awards, as well as emergency awards
  • Competitive award procedures (on the part of the contracting authorities and on the part of the bidders)
  • Tariff structures and revenue sharing procedures
  • Restructuring and cooperation
  • Establishment or modification of transport associations
  • Public transport-specific tariff compliance laws of the Federal States, as well as the Minimum Wage Act
  • Line approval procedures, both in preparation and vis-à-vis the competent authority
  • Conceptualisation of  local transport planning
  • Opposition proceedings, as well as in proceedings before public procurement tribunals and administrative courts.

Water, waste and wastewater management

From privatisation to re-municipalisation, from basic fees to consumer prices, our legal experts at PwC Legal advise the water, waste and wastewater industry on all legal issues. One practical example: PwC Legal supports municipal water suppliers who are in dispute with customers about the legality of basic charges. This is because, if individual judgements are widely applied, this can become extremely expensive. A solid strategy and a legally secure positioning can remedy this.

This is how PwC Legal supports you

Our lawyers advise you on:

  • Tendering and monitoring of award procedures and concession models
  • Review and formation of prices and charges
  • Restructuring of public-law and private-law companies, as well as the establishment of public-law institutions
  • Design of public-law and public-private forms of cooperation
  • Privatisation, mergers and acquisitions and re-municipalisation
  • Processes through all instances.

Health care

The health sector in Germany is highly regulated and determined by numerous different interests. A strong sense of pressure to adapt legislation and jurisprudence are the result. Companies operating in the health sector must incorporate these constant changes into their strategic corporate planning and act with foresight. Our team of experts helps to identify such changes, risks and optimisation potential at an early stage, and to adapt to them. We provide support in revising and adapting structures through to negotiations with cost units.

This is how PwC Legal supports you

Our lawyers advise you on:

Strategic measures:

  • Optimisation of group structures e.g. through restructuring or the formation of holding companies
  • Shaping forms of cooperation and joint ventures
  • Carrying out due diligence processes.
  • Antitrust and competition law issues in connection with hospital cooperation efforts and hospital takeovers
  • Questions concerning financing and applying for funding
  • Design of medical care centres

Compliance and forensics:

  • Legally compliant implementation of legal requirements
  • Questions on liability prevention through legal risk management
  • Drafting of contracts (e.g. consultation, fee, attending physician and treatment contracts and elective service agreements for hospitals and other health care facilities), success assurance and billing issues
  • Service provision and billing in hospitals and medical care centres
  • Conclusion of care contracts and inclusion in the hospital plan
  • Efficiency and plausibility checks
  • Budget negotiations and audit procedures for medical services health insurance (MDK)
  • Conciliation and recourse proceedings

Ongoing legal advice for health care institutions

  • Judicial proceedings and arbitration proceedings
  • Questions on medicinal products and medical devices law
  • Chief physician and managing director contracts

Digitisation of the public sector

The Federal Government’s digital strategy provides for the continuous further development of the digitisation of the administration and the Online Access Act. Online platforms and AI technology are indispensable components of the digital transformation. We advise and support ministries, public authorities and companies with the associated challenges, with experienced administrative law experts working hand-in-hand with our internationally renowned IT and data protection experts. In this way, we combine our expertise in dealing with modern technology and knowledge of the practicalities of administration.

This is how PwC Legal supports you

Our lawyers advise you on:

  • The legally compliant design of digital administrative services
  • Applying for funding in the context of digitalisation, especially for GovTech solutions
  • The examination of a legally compliant design for technical solutions such as artificial intelligence (AI), blockchain, smart contracts
  • Development of Self Sovereign Identity (SSI) solutions
  • Development of tokens and comparable solutions in the public sector (including Non-Fungible Tokens (NFTs)
  • Preparation of legal opinions, in particular, on European, constitutional and administrative law issues
  • Drafting of contracts under public law, in particular, cooperation contracts
  • Pending administrative proceedings
  • Litigation, including drafting of claims or statements of defence
  • Preparation of expert reports.

Telecommunications

Rapid developments in telecommunications are changing the customer experience, thereby bringing both complexity and opportunity to the industry. At the same time, regulatory pressure and shareholder expectations demand agility and cost efficiency from companies. Pursuing a strategic, future-oriented business model is thus crucial for continued existence and growth. Our lawyers specialising in technology, media and telecommunications advise national and international providers in the fixed network and mobile telephony sectors, as well as cable and satellite operators and emerging digital media companies, both on regulatory matters and on the structuring of contractual relationships with end customers, cooperation partners and competitors. PwC Legal paves your way to achieving digital transformation.

This is how PwC Legal supports you

Our lawyers advise you on:

  • Drafting and negotiating telecommunications contracts
  • Licence management
  • Auctioning of frequencies via the construction of transmission facilities and fibre-optic networks, through to tariff regulation and frequency allocation issues, from managed network services to over-the-top services and the supervision of court proceedings, as well as proceedings before the competent authorities, in particular, the Federal Network Agency 
  • Drafting of telecommunications contracts – including general terms and conditions, mobile payment, data protection and telephone secrecy
  • Structuring platforms for streaming content, from HbbTV (hybrid broadcast broadband television) to e-books, from mobile advertising to e-commerce
  • Outsourcing of telecommunications services, through to mergers and acquisitions within the industry.

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