Werner Berg

Werner 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. Werner 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.

• Obtained unconditional clearance for Sappi’s acquisition of Cham Paper Group’s paper business (with press release).
• Successfully defending major energy company in abuse of dominance investigation by the European Commission.
• Obtaining unconditional clearance for FedEx in its USD/EUR 4.4 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 USD 2.85 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.

• International Bar Association
• Studienvereinigung Kartellrecht