Werner Berg

Werner Berg

Partner
Baker & McKenzie CVBA/SCRL

Biography

Dr. Werner Berg is a partner in the Firm's Brussels office. A seasoned lawyer with more than 20 years' experience, his practice covers the entire spectrum of EU and German antitrust law. Werner is recommended in Chambers Global and Chambers Europe, Legal 500 EMEA, European Legal Experts and Best Lawyers. He became an Acritas star in 2018. Werner 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 and is the co-editor of the commentary Berg/Mäsch, Deutsches und Europäisches Kartellrecht (3rd ed. 2018).

Practice Focus

Werner has extensive experience in all areas of competition law. He has been the lead competition lawyer in numerous high end merger cases including referrals to and from the European Commission, complex remedy issues, and second phase procedures at EU and German levels. He has counselled 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, transport, media and telecommunications, and basic industries, among others.

Representative Legal Matters

  • Lead competition lawyer for Faurecia, an international automotive parts manufacturer, on its proposed USD 1.25 billion acquisition of Japanese car navigation system maker Clarion from Hitachi through a cash takeover offer (with press release).

  • 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.

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

Authored more than 80 articles and contributions to commentaries in German and English on competition and EU law

Co-editor and author, Berg/Mäsch, Deutsches und Europäisches Kartellrecht, 3rd ed. 2018

Co-author, two leading treatises on "European Community law," 3rd ed. 2012, 8th ed. 2018

Co-author, "Merger Control Worldwide," 2nd ed. 2012

Co-author, "Anti-cartel Enforcement Worldwide," 2009