Jones Day (Brussels)

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.

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Jones Day (Paris)
Jones Day (Frankfurt)
Jones Day (Brussels)
Jones Day (Brussels)
Jones Day (Brussels)

Articles

6613 Bulletin

Laurent de Muyter, Carsten Gromotke, Dr. Jürgen Beninca, Michael A. Gleason, Hiromitsu Miyakawa, Prudence Smith, Craig A. Waldman, Philipp Werner, Johannes Zöttl The German Parliament adopts competition rules for tech platforms

56

In Short The Development: The Bundestag, the German legislature, amended Germany’s antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple markets." The amendments, known as the GWB Digitization Act or ARC (...)

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

816

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)

463

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

220

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 the requirements for state liability in case of an illegal prohibition of a merger by the Competition Authority (GN Store Nord II)

224

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)

138

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 a public authority to justify further subsidies as market behaviour (Land Burgenland)

311

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 (...)

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)

190

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)

362

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 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)

383

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 EU Commission starts a public consultation on a draft document which seeks to establish best practices on cooperation between national competition authorities in the EU when reviewing mergers

15

COOPERATION BETWEEN COMPETITION AUTHORITIES IN MERGER REVIEW IN THE EU* The European Commission started a public consultation on a draft document which seeks to establish best practices on cooperation between national competition authorities (NCAs) in the EU when reviewing mergers. Although (...)

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

526

This article has been nominated for 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 Stockholm District Court (SDC) – clarified, (...)

6200 Review

Martina Maier, Philipp Werner The Reform of German Antitrust Law

6200

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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