


Philipp Werner
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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1174 | Conférences

Articles
7932 Bulletin
218
The European Competition Network ("ECN") issued a policy statement indicating that member agencies will not intervene in legitimate, cooperative efforts to address disruptions caused by the conflict in Ukraine and related sanctions. The ECN is a working group of competition authorities in (...)
199
In Short The Development : The European Commission ("Commission") adopted new Guidelines on State Aid for Climate, Environmental Protection and Energy ("CEEAG") on 27 January 2022. The CEEAG revise criteria that the Commission will now apply to determine whether EU Member State financing to (...)
170
In Short The Situation : The European Commission ("Commission") has adopted revised guidance setting out the criteria to assess Important Projects of Common European Interest ("IPCEI") under EU State aid rules ("Communication"). The Background : IPCEIs are cross-border projects that overcome (...)
97
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 (...)
456
In Short The Situation : The European Commission has launched its largest ever stimulus package to support recovery of EU economies from the COVID-19 pandemic’s unprecedented economic and social disruption. Each EU Member State must submit a recovery plan and funding requests for Commission (...)
363
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 (...)
830
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 (...)
480
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 (...)
175
The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control practice. They can enable the clearance of a merger under conditions and (...)
239
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 (...)
373
In Short The Situation : The European Commission has launched a new tool that will allow individuals to anonymously report anticompetitive conduct for the first time. The Impact : The Commission’s new access to anonymous inside information could increase the risk of exposure for companies (...)
235
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 (...)
147
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 (...)
321
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 (...)
529
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 (...)
202
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 (...)
370
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 (...)
297
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 (...)
618
The European Commission published on 17 October 2011 its new guidelines for best practices during antitrust procedures. The guidelines cover the main proceedings concerning alleged infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (cartel (...)
391
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 (...)
654
On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action. This order could significantly (...)
23
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 (...)
545
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, (...)
6228 Revue
6228
La réforme du droit allemand de la concurrence apporte d’importantes modifications à la loi relative aux restrictions de la concurrence (Gesetz gegen Wettbewerbsbeschränkungen, ci-après GWB) dans le domaine des ententes et facilite l’application du droit de la concurrence par les tribunaux de la (...)