Osborne Clarke advises SpotmyEnergy on the acquisition of metering point operations from Zählerhelden

Osborne Clarke has provided legal advice to SpotmyEnergy on the acquisition of the metering point operations of Zählerhelden GmbH. As part of an asset deal, SpotmyEnergy acquired a metering point portfolio of around 3,000 intelligent metering systems in Germany, thereby strengthening its position as an independent, competitive metering point operator in the German metering point market.

The acquired portfolio comprises intelligent metering systems for electricity metering that enable the recording, processing and provision of consumption and metering data, including remote-readable meter reading. For the end customers of the acquired portfolio, metering point operations are to continue without interruption.

Consolidation in the smart meter market and acceleration of the rollout

SpotmyEnergy and Zählerhelden pursue a similar approach: both are driving the smart meter rollout in Germany in close cooperation with independent regional installation companies. The acquisition of Zählerhelden’s metering point portfolio is therefore not only a consistent step in SpotmyEnergy’s growth strategy, but also reflects a beginning consolidation in the fragmented market for competitive metering point operations.

SpotmyEnergy was founded in Cologne in 2023 by energy entrepreneur Jochen Schwill and operates as an independent, competitive metering point operator with a holistic approach. The company links intelligent metering systems with hardware and software solutions for the measurement, networking, optimisation and control of decentralised applications – such as photovoltaic systems, home storage systems, heat pumps and wallboxes – thereby addressing the growing need for digital infrastructure for the energy transition.

“The acquisition of the metering point operations of Zählerhelden by SpotmyEnergy is a good example of how innovative clean-tech companies are taking regulatorily complex business models in the energy sector to the next level,” says Christoph Torwegge, Partner at Osborne Clarke. “The transaction also shows the role that tailored contractual and structuring solutions play in the consolidation of the smart meter market – particularly where technology, regulation and M&A are closely intertwined.”

Comprehensive advice on M&A, regulatory and employment law aspects

Osborne Clarke provided SpotmyEnergy with comprehensive advice on all key legal aspects of the acquisition. The focus was on structuring the asset deal, drafting and negotiating the asset purchase agreement with Zählerhelden GmbH, as well as corporate law issues in connection with the acquisition and integration of the metering point portfolio.

Given the highly regulated environment of competitive metering point operations, the advice also covered regulatory issues, in particular with regard to the regulatory framework under energy law and metering point law, as well as employment law aspects relating to the transfer of responsibilities and functions in ongoing operations. The close integration of corporate, energy and employment law ensured that the transaction could be handled in a legally robust and at the same time practical manner.

The Osborne Clarke team was jointly led by Dr Christoph Torwegge and Anna von Bremen (both with partner responsibility) together with Alexandra Abeln (co-lead), and also included Nemir Ali (Regulatory), Christoph Seidler and Marcel Thoß (both Employment), Felix Jaeger and Rafael Teichmann (both Corporate) as well as Liv Hildebrandt (Legal Project Management).