Jürgen Beninca counsels European and U.S. corporate clients on antitrust regulatory compliance and represents businesses before cartel authorities — including the German Federal Cartel Office and the European Commission — and before courts in antitrust matters. Antitrust follow-on litigation cases constitute an important part of his practice. In addition to his antitrust practice, he assists clients in internal investigations and guides clients through the screening process of foreign direct investments into Germany under Germany’s Foreign Trade and Payments Ordinance (AWV). Jürgen’s experience includes winning merger control approvals from the German Federal Cartel Office and the European Commission in a variety of industrial sectors, including the automotive, banking, paper, pharmaceutical, and chemical industries. He also has been involved in various international, European, and national antitrust investigations in the banking, cement, automotive, insurance, and industrial minerals industries. His regulatory practice focuses on cartel and distribution cases and abuses of a dominant position. Jürgen’s litigation experience includes the representation of two U.S. financial institutions in approximately 300 different cases. He currently represents a client in the construction industry in an antitrust investigation by the German Federal Cartel Office, represents a sweets manufacturer in front of the German Federal Supreme Court in a case concerning the mere exchange of competitively sensitive information, and is pursuing an antitrust damage claim against the truck cartel on behalf of an industrial client. He also recently obtained a certificate of non-objection pursuant to Section 58 AWV for the acquisition of a German target by a Chinese client from the German government.
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On May 20, 2020, the German Federal government adopted the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes to the AWV will be effective shortly, after publication in the Federal Gazette. Prompted by the COVID-19 pandemic, the amendment expands the scope of (...)
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On 21 March 2019, Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (“FDI Regulation”) was published in the Official Journal of the European Union. The FDI Regulation (...)
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European (...)
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What happened? The European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). Background In its 2009 decision, (...)
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Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU Cartel Damages Directive, the assessment of market power in multilateral (...)
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