Osborne Clarke has advised BayWa AG on the sale of the NEXT Farming software division, which belongs to the BayWa subsidiary FarmFacts GmbH, to the global player AGCO. 

Digitalisation, standardised interfaces, networked systems: Farmers increasingly cite this as an essential prerequisite for the future viability of their farms. This is another reason why smart farming is a lucrative field for providers such as BayWa, a globally active group in the energy, agriculture and construction sectors. As a global player with sales of EUR 27.1 billion in 2022, the company develops innovative and sustainable solutions for the basic needs of food, energy, mobility and housing.

BayWa is now reorganising its smart farming division: Subject to the approval of the relevant authorities, the NEXT Farming software division is being transferred from BayWa subsidiary FarmFacts GmbH to AGCO. AGCO is taking over the NEXT Farming software business outside the BayWa sales territory; 92 employees are transferring from FarmFacts to AGCO. AGCO is a leading global manufacturer of tractors and agricultural machinery, including brands such as Fendt.

The soil sampling service will remain with FarmFacts as a wholly-owned subsidiary of BayWa. The business with hardware components such as weather stations and sensors will be fully transferred to the BayWa portfolio. Overall, the company's smart farming division will focus on consulting, sales, implementation and service in the future.

The Osborne Clarke team, which advised BayWa under the leadership of Dr Björn Hürten, consisted of Efthimios Detsikas, Charlotte Mager, Julian Baldus, Dr Patrick Stadtbäumer (all Corporate / M&A), Dr Lina Böcker, Maximilian Bodamer (both IT), Dr Anke Freckmann, Asil Buruncayir (both Employment Law), Dr Sebastian Hack, Susanne Schricker (both Antitrust and Investment Control), Dr Jens Schefzig, Timo Bosman (both Data Protection) as well as Dr Ulrike Bär and Dr Dinh V. T. Phan (both Tax).

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