Philipp Werner

Jones Day (Brussels)
Lawyer (Partner)

Philipp is a German qualified Rechtsanwalt and partner in the Brussels office of Jones Day. His practice focuses on German and European competition law, including merger control and State aid. He is recommended for Competition/European Law by publications such as Chambers Europe, Chambers Global and JUVE German Commercial Law Firms. In 2012 he was voted by Global Competition Review as one of the world’s leading competition lawyers under the age of 40 (GCR’s 40 under 40). Philipp advises on all competition aspects of M&A transactions and represents clients in EU and German merger control procedures and multijurisdictional filings. He assists companies in cartel proceedings and advises on single firm conduct as well as on cooperation and distribution agreements from an antitrust perspective. He offers compliance training and develops customized compliance programs adapted to his clients’ specific risk profile. Philipp has extensive expertise in the area of State aid where he advises public and private companies in particular with regard to privatization, restructuring and investment aid. He also represents clients before the EU and German courts. His clients include companies in the technology, chemical, infrastructure, transport and health care sectors.

Distinctions

Linked authors

Siemens (Brussels)
McDermott Will & Emery (Paris)
McDermott Will & Emery (Brussels)
McDermott Will & Emery (Paris)
Jones Day (Brussels)
Jones Day (London)
Jones Day (Frankfurt)
Jones Day (Dusseldorf)

Articles

6089 Bulletin

Henry de la Barre, Philipp Werner, Yvan N. Desmedt The EU General Court issues a ruling on mandatory access and interoperability in the software industry (Contact Software)

784

The European General Court’s ("GC") decision relates to a complaint filed with the European Commission ("EC") by Contact Software, a German software supplier of Product Data Management ("PDM"). Contact Software alleged an abuse of dominance by Dassault Systèmes and Parametric Technology Corp., as (...)

Philipp Werner The EU Court of Justice rules that a Member State could not request reimbursement of an aid that had been granted to an undertaking in compliance with the General Block Exemption Regulation (Nerea)

428

In Short The Situation: On July 6, 2017, the European Court of Justice ruled that a Member State could not request reimbursement of aid that had been granted to an undertaking in compliance with the General Block Exemption Regulation solely because that undertaking later became the subject of (...)

Claire Lavin, Eric Barbier de la Serre, Matt Evans, Philipp Werner The EU Commission publishes a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules

199

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will draft a report providing an overview of the market and the relevant (...)

Philipp Werner The German Federal Court of Justice clarifies requirements for state liability in illegal prohibition of a merger by the Federal Competition Authority (GN Store Nord II)

167

The case before the Oberlandesgericht, (Higher District Court of Düsseldorf (OLG Düsseldorf)) related to a damages claim brought by Phonak against the Federal Republic of Germany based on the German rules of state liability (Section 839(1)(1) of the German Civil Code (BGB) in conjunction with (...)

Philipp Werner The German Federal Court of Justice decides that turnover from goods delivered to a production facility in Germany constitutes domestic turnover, even if the actual decision to buy these goods was taken by a central purchasing organisation outside Germany (KVR)

116

In its Viscose fibres judgement, the Bundesgerichtshof (Federal Court of Justice (BGH)) held that turnover from goods delivered to a production facility in Germany constitutes domestic turnover, even if the actual decision to buy these goods was taken by the central purchasing organisation of a (...)

Martina Maier, Philipp Werner The EU Court of Justice confirms prior State aid cannot be taken into account by public authority to justify further subsidies as market behaviour (Land Burgenland)

268

In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union (CJEU) has confirmed that compatible State aid granted to an undertaking in the past must not be taken into account in the context of the Market Economy (...)

Lionel Lesur, Louise-Astrid Aberg, Philipp Werner The French Civil Supreme Court rules on automotive quantitative selective distribution agreements (Auto 24/ Jaguar Land Rover)

480

The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter by the Court of Justice of the European Union (CJEU), from which the Cour (...)

Philipp Werner The German Bundeskartellamt clarifies the geographic allocation of turnover, particularly in relation to the application of the minor markets exemption (Lenzing AG / Kelheim Hygene)

170

In the Bundeskartellamt’s decision in Lenzing AG / Kelheim Hygene Fibres GmbH, in which it prohibited the creation of a monopoly in the viscose fibres market, the Bundeskartellamt clarified how it deals with the geographic allocation of turnover, especially in relation to the assessment of (...)

Philipp Werner The German Competition Authority clears merger in the healthcare industry despite presumed market dominance and a presumed oligopoly, and applies a rather detailed economic analysis, in relation to the SIEC and the old dominance test (Fresenius Kabi / Fenwal)

339

The Bundeskartellamt cleared the merger between Fresenius Kabi and Fenwal following its Phase II investigation. The merger concerned the healthcare sector and, in particular, the market for blood transfusion technology and the manufacture of products used in blood collection, filtration and (...)

Philipp Werner, Philip Bentley The EU General Court issues a provisional order suspending the EU Commission’s decision to communicate to the High Court of England a copy of a customer’s reply to the statement of objections in the gas insulates switchgear cartel (National Grid)

13

RELEASE OF CONFIDENTIAL CARTEL INFORMATION BY EUROPEAN COMMISSION TO ENGLISH HIGH COURT SUSPENDED* On 29 November 2012, the EU General Court (GC) issued a provisional order suspending the European Commission’s decision to communicate to the High Court of England and Wales a copy of Alstom’s (...)

Lionel Lesur, Louise-Astrid Aberg, Philipp Werner The European Court of Justice rules that the EU Commission can bring follow-on actions for damages on behalf of the EU in cartel cases (Otis)

246

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases* On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national (...)

Philipp Werner The EU Commission adopts a new legislative package known as the Services of General Economic Interest which simplify the procedure of automatic exemption to a larger number of services

16

EUROPEAN COMMISSION ADOPTS NEW STATE AID RULES ON SERVICES OF GENERAL ECONOMIC INTEREST * On December 20, 2011, the European Commission adopted a new legislative package on the application of State aid rules on services to public services – known as Services of General Economic Interest (SGEI). (...)

Philipp Werner The German Competition Authority initiates a sector inquiry in the food retail sector by sending questionnaires to retailers and producers in the food and beverages industry

21

GERMAN COMPETITION AUTHORITY STARTS SECTOR INQUIRY INTO FOOD RETAIL* The German Competition Authority has started a sector inquiry in the food retail sector yesterday and has sent questionnaires to 21 retailers and over 200 producers in the food and beverages industry. According to the press (...)

Philipp Werner The EU General Court restricts the liability of parent companies, holding that the Commission can only rely on the presumption of liability if it includes an adequate statement of reasons in its decision (Grolsch)

349

The European General Court found on 15 September 2011 that the European Commission can only rely on the presumption of liability of a parent company for a wholly owned subsidiary if it included an adequate statement of reasons in its decision explaining that it indeed relied on that presumption (...)

Philipp Werner The German Supreme Court upholds that members of a cartel are able to defend themselves against a claim for damages by raising the passing-on defence onto a downstream market (Carbonless paper cartel)

10

SUPREME COURT ALLOWS THE PASSING-ON DEFENSE IN ANTITRUST DAMAGES ACTIONS * The German Supreme Court, in a landmark ruling handed down on 28 June 2011, has held that members of a cartel are able to defend themselves against a claim for damages by raising the defense that the relevant applicants (...)

David Henry, Martina Maier, Philipp Werner The EU Court of Justice clarifies the scope of the law in relation to pricing practices of vertically integrated companies in the telecommunications sector (TeliaSonera)

490

This article is the winner for the business category, economics section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 17 February 2011, the European Court of Justice (ECJ) – on a reference for a preliminary ruling by the (...)

6130 Review

Martina Maier, Philipp Werner The Reform of German Antitrust Law

6130

The reform of the German competition law brings major changes to the Act against restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB). In the field of cartels it is brought in line with European competition law. However, the German rules on abuse of a dominant position remain (...)

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