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Werner Berg

Partner
Baker & McKenzie CVBA/SCRL

Biography

Dr. Werner Berg is a partner in the Firm's Brussels office. A seasoned lawyer with 20 years' experience, his practice covers the entire spectrum of European Union EU and German antitrust law. Dr. Berg is recommended in Chambers Global and Chambers Europe, Legal 500 EMEA, European Legal Experts and Best Lawyers. He is a regular speaker at conferences, including the Academy of European Law on European merger control. He also teaches a course on German merger control at Queen Mary University of London.

Practice Focus

Dr. Berg has extensive experience in merger control. This includes referrals to and from the European Commission, complex remedy issues, and second phase procedures at the EU and German levels. He has counseled and represented companies in abuse of dominance investigations, and has represented clients in litigation before the EU courts. Dr. Berg has also represented clients in numerous cartel investigations as well as in arbitration matters related to competition law. He has worked with clients in consumer goods, life sciences and pharmaceuticals, chemicals, energy, media and telecommunications, and basic industries, among others.

Representative Legal Matters

  • Obtaining unconditional clearance for FedEx in its USD/EUR4.4 billion acquisition of TNT Express in 20 jurisdictions worldwide.
  • Successfully defending consumer goods company in investigation regarding the restriction of online sales by the German Bundeskartellamt.
  • Obtaining unconditional clearance for Alcoa in its USD2.85 billion acquisition of Firth Rixson, a leading manufacturer of components for aerospace jet engines, by the European Commission and in six other jurisdictions.
  • Successfully representing a multinational in a Phase II merger proceeding before the European Commission.
  • Represented the European Commission before the Court of Justice (Case C-56/12 P, EFIM) and the General Court (Case T-296/09, EFIM) regarding the rejection of an abuse of dominance complaint in the aftermarket for ink cartridges for inkjet printers.
  • Obtaining unconditional clearance in dual joint venture in multijurisdictional filing in the airline engine field.
  • Advised Nestlé on its partial demerger from BPW, a joint venture with Coca-Cola, in the ready-to-drink tea business.
  • Advised Galderma Pharma, a 50/50 joint venture of Nestlé and L'Oreal, on its CHF1.1 billion acquisition of Q-Med, a Swedish manufacturer of high quality medical products for aesthetic and medical use.
  • Successfully represented utility companies in various abuse of dominance procedures.

Professional Associations and Memberships

  • International Bar Association
  • Studienvereinigung Kartellrecht

Admissions

  • Brussels~Belgium (2000)
  • Germany (1997)

Education

  • University of Trier (Doctor of Law magna cum laude) (1997)
  • University of East Anglia (Master of Laws (LL.M.)) (1992)

Languages

  • English
  • French
  • German