Challenge

Global Hospitality Investments (GHI) was a large US real estate private equity investor. It acquired two properties with a loan from the former Hypo Real Estate Group (HRE). Following, the HRE’s portfolio was transferred to FMS Wertmanagement (FMS), the Federal government’s winding up institution for the HRE.

GHI offered to buy back the loan from FMS to save the property investments and proceed with the development plans. FMS was not willing to deal with GHI, which made any solution almost impossible. GHI sought Alber & Geiger’s help with the ensuing impasse to find a deal.

Strategy

We crafted a clear and concise message for the German government and the Bundestag that highlighted the bureaucratic approach of FMS regarding the offer put forward by GHI. The behaviour of FMS did not respect good governance principles and ignored the purpose upon which it was created, namely to “unwind the portfolio whenever it is financially advantageous and thus to achieve the best possible outcome in the interest of the German taxpayer.” The strategy demonstrated to the German Finance Ministry and the Bundestag that the circumstances demanded an equitable treatment of GHI. It drew on an understanding of the financial the political mindset in Germany that was used to strengthen the GHI proposal.

Results

Alber & Geiger helped GHI prepare the offer and guided the it through the entire process while ensuring the political backing of the German Finance Ministry and the Bundestag for a deal with FMS Wertmanagement. The transaction was finally successfully completed.

Challenge

Flock, a medium sized entity, with a fledgling web-browser, reached for support in the Microsoft case. Microsoft was using its market presence to tie its web browser, Internet Explorer to its dominant client PC operating system. This led to accusations by the European Commission that it had infringed competition rules. Microsoft reacted by proposing a limit on the access of browsers with a market share higher than 0.5% by means of a ‘ballot screen’. Flock was at risk of being blocked out of the market.

Strategy

The strategy relied on turning technical and soft law instruments into political messages resonating with the European Commission’s language. It outlined that Microsoft’s solution would have amounted to an oligopoly. In doing so, it demonstrate that, by its very essence the ballot screen proposal was contrary to the European Commission’s  goal for open and competitive communications markets. We created a nexus of effective communications and activities that proved to be decisive.

Results

Alber & Geiger was able to keep its client’s innovative business services available to consumers. Microsoft consequently, had to revise its ‘ballot screen’. Its new proposed ballot screen would allow consumers to choose from a number of 12 suggested web browsers. These included Flock and other alternatives.

Challenge

Alber & Geiger represented Panama in the aftermath of the “Panama papers” with regard to the new EU anti money laundering blacklist. As a result of the “Panama papers” the EU decided for the first time to set up its own blacklist. Before that, the EU would copy the international Financial Action Task Force (FATF) lists.

In Summer 2019, Panama was added to the grey list of FATF, at a time when the country was finalizing its reforms. Alber & Geiger was called to halt the result in FATF from spilling over in the EU and to weigh in the new EU methodology and the procedural gaps in the EU listing. Panama was caught in a timing paradox: Its automatic EU listing would be followed by a potential delisting from FATF, without clear assurances that the latter would be reflected in an EU delisting.

Strategy

Our goal was straightforward: raise awareness for Panama’s advances in combating money laundering and through that ensure that the EU will not unjustly list Panama as a high risk third country. Our message had to circle in the three key EU institutions. The architect of the procedure and list of high risk third countries, the European Commission, and the gatekeepers of the procedure, the European Parliament and the Member States.

Our message was tailor made for each front, appealing the several working levels and directorates of the Commission, the Committees of the European Parliament and different levels of organization in the Member States. Alber & Geiger grasped the opportunity of the drafting of the new methodology for the EU listing of high risk third countries, to engage with the different Commission directorates involved in the process and apply Panama’s position. In the Parliament, we focused on rewarding a third country such as Panama, which is determined to turn a bad precedent into a success story and we stressed upon the bilateral relationships of Panama towards the Member States.

Results

The EU did not implement its list and methodology as planned. Panama being listed by the EU as a high risk third country within the EU anti money laundering framework now is based on an automatic listing/delisting process with FATF. Our lobbying efforts enhanced the visibility and acknowledgement of Panama’s efforts in modernizing its anti-money laundering regime and changed the original EU methodology draft according to the demands of Panama.