Werner Berg

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.

• 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.

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

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