New Rules for Acting in Concert in Germany

August 21, 2008

The enclosed Alert Memorandum deals with the new German provisions on “acting in concert” which entered into force on August 19, 2008.

The memorandum:
- gives a practical overview of the conduct regarded as acting in concert under the new rules and
- includes recommendations for investors and the management of German stock corporations concerning their interaction in the future.

For further questions please do not hesitate to contact the following Cleary Gottlieb partners in the German offices:

Dr. Klaus Riehmer: kriehmer@cgsh.com
Dr. Gabriele Apfelbacher: gapfelbacher@cgsh.com 
Dr. Thomas Kopp: tkopp@cgsh.com 
Hanno Sperlich: hsperlich@cgsh.com
Dr. Oliver Schröder: oschroeder@cgsh.com