WuXi Biologics purchases biologics and COVID-19 vaccines facility from Bayer

Wupper­tal — The globally active Chinese group WuXi Biolo­gics has comple­ted the acqui­si­tion of a plant for biolo­gi­cal subs­tances from Bayer AG in Wupper­tal. The closing took place in Colo­gne on April 30, 2021. A team led by Dirk W. Kolven­bach, Part­ner at the Düssel­dorf office, and Michael Pauli from the Colo­gne office of Heuking Kühn Lüer Wojtek provi­ded legal advice to the Chinese group on the purchase. The tran­sac­tion volume, inclu­ding the lease, is around €150 million. The tran­sac­tion is expec­ted to close in the first half of 2021 and is subject to regu­la­tory review.

The new faci­lity in Wupper­tal is one of the largest vaccine produc­tion sites in Germany and will be used to manu­fac­ture highly sought-after subs­tances for COVID-19 vacci­nes and other biolo­gics. WuXi Biolo­gics plans addi­tio­nal invest­ments in process equip­ment at the Wupper­tal site. “We are very proud to have provi­ded legal support for the purchase of this major vaccine produc­tion faci­lity,” said attor­ney Dirk W. Kolven­bach. “Through this tran­sac­tion, we can also make an important contri­bu­tion on an advo­cacy level for vaccine manu­fac­tu­ring, inclu­ding COVID-19 vacci­nes, in Germany.”

With the conclu­sion of the agree­ment, Bayer and WuXi Biolo­gics have at the same time ente­red into a long-term sublease and a service agree­ment. Bayer will provide various services to WuXi Biolo­gics during the start-up of the plant, contri­bu­ting its own resour­ces. The signing alre­ady took place on Decem­ber 21, 2020. The tran­sac­tion volume, inclu­ding the lease, is over 150 million euros.

WuXi Biolo­gics is listed on the Hong Kong Stock Exch­ange and is a leading global open access biolo­gics tech­no­logy plat­form. The company provi­des end-to-end solu­ti­ons to help compa­nies disco­ver, deve­lop and manu­fac­ture biolo­gics from concept to commer­cial produc­tion. For Kolvenbach’s team, this is not the first tran­sac­tion for WuXi. Heuking had alre­ady advi­sed WuXi Biolo­gics on the acqui­si­tion of a drug formu­la­tion plant from Bayer in 2020.

Advi­sor to WuXi Biolo­gics: Heuking Kühn Lüer Wojtek
Dirk W. Kolven­bach (Corpo­rate Law/ Project Coor­di­na­tion), Düsseldorf
Michael Pauli, LL.M. (Corpo­rate Law/Project Coor­di­na­tion), Cologne
Mathis Dick, LL.M. (Real Estate), Düsseldorf
Michael Below, (Public Law), Düsseldorf
Dr. Bodo Dehne (invest­ment control), Düsseldorf
Wolf­ram Meven (Tax Law), Düsseldorf
Dr. Rainer Velte (Anti­trust Law), Düsseldorf
Fabian Gerst­ner, LL.M., Munich, Bettina Nehe­i­der (both Cons­truc­tion Law), Munich
Dr. Tobias Plath, LL.M. (Insu­rance Law), Tors­ten Groß, LL.M. (Labor Law), Sarah Radon, LL.M. (Commer­cial), all Düsseldorf