Werner Berg

Werner Berg

Partner
Baker & McKenzie CVBA/SCRL

Biography

Dr. Werner Berg, LL.M. is a partner in the Firm's Brussels office and heads the European Competition Law Practice. A seasoned lawyer with more than 20 years' experience, his practice covers the entire spectrum of EU and German antitrust law. Dr. Berg is a regular speaker at competition and European law conferences and lectures German competition law at the ICC, Queen Mary College, University of London, and EU competition law at the University of Trier and the College of Europe. Dr. Berg is recommended as leading expert in EU and competition law in Best Lawyers, European Legal Experts, JUVE, the EMEA Legal 500, Chambers Europe and Chambers Global and is ranked as Acritas Star. He has published numerous articles in leading competition law journals 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 successfully 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, aeronautics, chemicals, energy, transport, media and telecommunications, paper and basic industries.

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).

  • Successfully defending FMCG company in an investigation by a national competition authority regarding the restriction of cross-border and online sales.

  • Lead competition lawyer for Faurecia on its USD $1.25 billion acquisition of Japanese car navigation system maker Clarion from Hitachi through a cash takeover offer with filings in numerous jurisdictions.

  • Advising Mitsubishi UFJ Trust and Banking Corporation on the acquisition of sole control over nine subsidiaries of Colonial First State Group Limited.

  • Lead competition lawyer for General Electric on the creation of a JV for the development, implementation, marketing, licensing and/or operation of industrial digital solutions ("industrial IoT apps") in the oil & gas sector together with Rosneft Oil Company. The transaction required filings in the EU and several other jurisdictions.

  • Lead lawyer for Sappi Group, one of the world's leading pulp and paper manufacturers, in its CHF 146.5 million acquisition of Cham Paper Group's specialty paper business with unconditional merger clearance obtained, inter alia, in Germany.

  • Successfully defending major company in abuse investigation by the European Commission.

  • 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 Honors

  • Acritas Star (since 2018)
  • Recommended in Chambers Global and Chambers Europe, Legal 500 EMEA, European Legal Experts, Best Lawyers and JUVE

Professional Associations and Memberships

  • Member of the German and the Brussels Bar (EU-List)
  • Admitted at the Higher Regional Court (Oberlandesgericht) of Cologne

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