PhilippWerner

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Philipp Werner focuses on German and EU competition law, State aid law, and the Foreign Subsidies Regulation (FSR).

He has extensive experience advising clients in EU, German, and multijurisdictional merger control matters. He also advises on antitrust compliance, including internal investigations and audits, compliance programs, and compliance training. A major part of his practice relates to EU and German cartel and abuse of dominance investigations and counselling.

Philipp is a recognized leader for high-profile State aid cases, advising and representing government and public bodies, aid beneficiaries, and third parties in particular in EU Commission investigations and before the European and national courts.

Philipp is also advising clients on the FSR, including compliance, assessment of notification requirements, and notifications in M&A and public procurement cases. He leads the Firm's FSR Task Force.

The clients Philipp serves include companies in a variety of sectors, in particular in the IT and telecom, energy, chemical, transport and infrastructure, and life sciences and health care industries.

Philipp has been recognized by all major publications including by Who's Who Legal as a global elite "Thought Leader" in competition law and State aid law. He is editor of EU State Aid Control: Law and Economics (Wolters Kluwer 2017). Philipp is an advisory board member of the Berliner Gesprächskreis für Beihilfenrecht e.V. (Berlin State Aid Roundtable), a member of the Studienvereinigung Kartellrecht e.V., and the antitrust section of the American Bar Association.

Experience

  • RWE secures European Commission's approval of €2.6 billion in State aidJones Day advised RWE Power AG ("RWE") in securing the European Commission's approval of a €2.6 billion German support measure in favor of RWE as compatible with EU State aid rules, following an in-depth investigation.
  • Automotive supplier defends against cartel damage claimsJones Day represents an international automotive supplier in cartel damage follow-on action.
  • Findos Investor sells Rhenoflex GmbH to Coats GroupJones Day advised Findos Investor GmbH in the €115 million sale of Rhenoflex GmbH, one of the leading global manufacturers of sustainable structural material solutions for the footwear industry, to Coats Group plc.
  • Valmet completes statutory merger with NelesJones Day served as global merger control and foreign direct investment counsel to Valmet Oyj (excluding Finland) in its statutory merger with Neles Corporation.
  • CDPQ participates in record investment in Hy2genJones Day advised Caisse de dépôt et placement du Québec (CDPQ) on its participation in the record €200 million investment in green hydrogen pioneer Hy2gen AG, the world’s largest private investment in green hydrogen to date.
  • Eaton sells hydraulics business to DanfossJones Day advised Eaton Corporation as antitrust counsel in the sale of its hydraulics business to Danfoss Power Solutions for US$3.3 billion.
  • Cooper Tire & Rubber sold to The Goodyear Tire & Rubber Company for approximately $2.5 billion enterprise valueJones Day advised Cooper Tire & Rubber Company in its $2.5 billion sale to The Goodyear Tire & Rubber Company.
  • Wellington Partners, MIG GmbH & Co. Fonds 16, and Salvia GmbH invest €15 million in growth financing of Creative BalloonsJones Day represented Wellington Partners Life Sciences V, a leading European Venture Capital firm investing in early- and growth-stage Life Science companies, together with MIG GmbH & Co. Fonds 16 and Salvia GmbH, in connection with their €15 million growth investment in Creative Balloons GmbH, a specialist in researching and developing ultra-thin polyurethane (PUR) balloons for medical device applications, namely catheter manufacturing.
  • Astellas returns rights to Eligard® in Europe, Middle East, CIS, and Asia to TolmarJones Day represented Astellas Pharma Europe Ltd. in connection with a series of transactions, including the sale of related assets, in which Astellas returned its in-licensing rights to Eligard® (leuprorelin acetate for injectable suspension), a treatment for advanced prostate cancer, sold by Astellas in Europe, the Middle East, the Commonwealth of Independent States (CIS) and Asia, to Tolmar International Limited.
  • Astellas transfers DIFICLIR in Europe, Middle East, Africa, and selected CIS to Swiss Tillotts Pharma AG for €109 millionJones Day advised Astellas Pharma Europe Ltd. on the sale of distribution rights to the product "DIFICLIR" in Europe, Middle East, Africa, and selected Commonwealth of Independent States (CIS) countries to Swiss Tillotts Pharma AG for €109 million.
  • EDF enters into inaugural and groundbreaking investment in Germany's hydrogen sectorJones Day represented EDF through its affiliates, Hynamics SA and EDF Deutschland, in its inaugural and groundbreaking investment in Germany’s hydrogen sector.
  • Valmet acquires stake in Neles from SolidiumJones Day served as European antitrust counsel to Valmet Oyj in its acquisition of stake in Neles Corporation from Solidium Oy.
  • Eaton sells lighting business to SignifyJones Day represented Eaton Corporation as antitrust counsel in the sale of its Cooper Lighting business to Signify N.V. (formerly known as Philips Lighting) for $1.4 billion.
  • EDF and Masdar to form energy services companyJones Day acted as antitrust counsel to EDF (Electricité de France) in the formation of a joint venture company with Masdar (a subsidiary of Mubadala Investment Company) dedicated to energy efficiency and distributed solar power generation projects.
  • Garmin® acquires Tacx, the leading manufacturer of indoor bike trainersJones Day advised Garmin Ltd. in its acquisition of the Tacx group, a Dutch family business that designs and manufactures high end indoor bike trainers, tools and accessories, as well as indoor training software and applications.
  • Inside Secure acquires Verimatrix for approximately $145 millionJones Day advised Inside Secure in its all cash acquisition of Verimatrix, Inc. for up to approximately $145 million in cash (including a potential earn-out).
  • Wabtec and GE Transportation merge in $11.1 billion transactionJones Day advised Wabtec Corporation in a Reverse Morris Trust merger with GE Transportation, valued at $11.1 billion.
  • Royal Ingredients sells 60% interest in company to BayWa AGJones Day advised Royal Ingredients Group B.V. in the acquisition by BayWa AG of a 60% interest in Royal Ingredients.
  • UPL acquires Arysta LifeScience from Platform Specialty Products Corporation for $4.2 billionJones Day advised UPL Limited ("UPL"), a leading global generic agrochemical company based in India, in connection with its subsidiary, UPL Corporation Limited’s, US$4.2 billion acquisition and related $3 billion term financing of Arysta Lifescience Inc. (“Arysta”), a global provider of crop protection solutions, including bio-solutions and seed treatment, from NYSE listed Platform Specialty Products Corporation (“Platform”).
  • SAP acquires Qualtrics for $8 billionJones Day advised SAP in its $8 billion acquisition of Qualtrics International Inc., the global pioneer in the experience management software category.

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    January 2024 External Publications

    Untangling the Foreign Subsidies Regulation, European Competition and Regulatory Law Review (CoRe), Volume 8, Issue 1 (2024)

    November 2023 Podcast

    JONES DAY TALKS® - Charting the Course: Antitrust's Past, Present, and Future in Labor Markets

    July 2023 Commentary

    EU Adopts Reporting Requirements for Transactions and Public Bids Under the Foreign Subsidies Regulation

    APRIL 2023 Commentary

    Towards a Less Effects-Based Approach? European Commission Takes Action to Amend EU Framework on Exclusionary Abuses of Dominance

    December 2022 Alert

    EU Foreign Subsidies Regulation Filings Mandatory Starting in October 2023

    August 2022 White Paper

    Digital Markets Act: European Union Adopts New "Competition" Regulations for Certain Digital Platforms

    July 2022 White Paper

    REPowerEU: A New Energy Landscape for Europe

    July 2022 Commentary

    EU Readies New Regulation of Foreign Subsidies That "Distort the EU Market"

    March 2022 Alert

    EU Competition Enforcers Permit "Necessary and Temporary" Cooperation to Mitigate Disruption from Ukrainian Conflict

    February 2022 Commentary

    EU Revises State Aid Rules for Important Projects of Common European Interest
    View All

    Additional Publications

    • November 2022
      European Competition Laws (ECL) – Germany
    • November 2022
      The role of third parties in State aid cases - Concurrences N° 4-2022, Art. N° 109422
    • 2022
      Vive l’Industriepolitik – M&A unter der neuen Drittstaatensubventionsverordnung - NZKartR (2022)475.
    • 2022
      The NOx Case: Ten Years On and Still Trying to Fit in a System, Case C-279/08 P Commission v Netherlands (‘NOx’) [2011], in: Caroline Buts und José Luis Buendia Sierra (eds.), “Milestones in State Aid Case Law” 2nd Edition
    • March 2021
      Germany Adopts New Competition Rules for Tech Platform The M&A Lawyer, Volume 25, Issue 3
    • October 2019
      `State`Aid or Not - This Is the Question, EStAL 04/2019
    • February 2019
      The German Facebook Case – Towards an Increasing Symbiosis Between Competition and Data Protection Laws?, Competition Policy International
    • April 2019
      When One Door Closes: Court Requires Divestiture in Long-Consummated Merger, The M&A Lawyer, Volume 23, Issue 5
    • March 2018
      Commission Expansionism in EU Merger Control – Fact and Fiction, Journal of European Competition Law & Practice, Volume 9, Issue 3
    • December 2017
      The NOx Case - Still Trying to Fit in a System, in Caroline Buts/José Luis Buendía Sierra (eds), Milestones in State Aid Case Law, Berlin 2017 (reprinted in EStAL 1/2018, 101-109)
    • December 2017
      European General Court Rules (Again) on Mandatory Access and Interoperability in Software Industry, Cyberspace Lawyer, Vol 22 Issue 11
    • May 2017
      Pay-for-delay-Agreements: Why the EU Should Judge them by their Effects, Oxford University Press, Journal of European Competition Law & Practice (JECLAP) 2017
    • 2017
      Kartellrecht, in Sagasser/Bula/Brünger, Umwandlungen, 5. Auflage 2017 (Chapter on competition Law in: Sagasser/Bula/Brünger, Handbook of Corporate Conversion, 5th ed. 2017)
    • 2017
      Werner/Verouden (eds.), EU State Aid Control: Law and Economics.
    • December 2016
      Kartellrecht, in Sagasser/Bula/Brünger, Umwandlungen, 5. Auflage 2017 (Chapter on competition Law in: Sagasser/Bula/Brünger, Handbook of Corporate Conversion, 5th ed. 2017)
    • February 2016
      Kartellrecht, in Sagasser/Bula/Brünger, Umwandlungen, 5. Auflage 2017 (Chapter on competition Law in: Sagasser/Bula/Brünger, Handbook of Corporate Conversion, 5th ed. 2017)
    pls list the title in Philipps Insights (under “Additional Publications”:

    Speaking Engagements

    • December 6, 2023
      Foreign Subsidies Regulation and Distortion in the Internal Market - The China Institute of International Antitrust and Investment (CIIAI) webinar on Foreign Subsidies and Restrictions on Outbound Investment
    • June 15, 2023
      Multi-Pronged M&A Control - Classical Merger Control and Foreign Direct Investment at Second ASCOLA Swiss Chapter Annual Conference - CH-EU COMPETITION LAW ‘23.
    • March 29, 2022
      Foreign Subsidies - Die Transaktionssicht, Lunchtime Seminar, Studienvereinigung Kartellrecht
    • November 26, 2021
      Distorting Third Countries Subsidies - The New Regime, EStALI Autumn Conference
    • November 8-9, 2018
      Annual Conference on European State Aid Law, chair, Academy of European Law
    • April 27, 2018
      Österreichischer Beihilfetag, Bindungswirkung der Eröffnungsentscheidung für nationale Gerichte
    • March 16, 2018
      Second Annual Competition Conference, Developments in EU State Aid Law
    • February 28, 2018
      Antitrust and Data Portability Rights, EMEA Conferences: GDPR and Antitrust
    • November 16-17, 2017
      Seminar on State Aid Law - Basic and Advanced Concepts
    • November 9-10, 2017
      Recent Developments on EU State Aid: Procedures, enforcement, monitoring and transparency
    • May 18 - 19, 2017
      State Aid Proceedings and Litigation
    • February 1, 2017
      State aid and ports, Competition Law in the Transport Sector
    • November 10-11, 2016
      Recent Developments on EU State Aid: Procedures, Enforcement, Monitoring and Transparency
    • November 9, 2016
      Jones Day Global Life Sciences Conference – 2016 Issues & Trends
    • November 4, 2016
      State Aid in the Aviation Sector, European Air Law Association – 28th Annual Conference
    • February 22, 2016
      Taxation and European Union State Aid Law: The European Commission's Investigation Into Whether Certain Tax Rulings Constitute State Aid
    • February 2-4, 2016
      Hong Kong Competition Tribunal Workshop
    • January 27-28, 2016
      Competition Law Challenges in the Transport Sector
    • December 2015
      Spoke on the topic of infrastructure aid, European State Aid Law Institute's Autumn Conference on European State Aid Law 2015
    • September 1, 2015
      Antitrust and State Aid Presentation to University of Hohenheim’s Aviation MBA Program
    • July 3, 2015
      Action for Annulment of EU Decision to Open a Formal State Aid Investigation, Berlin State Aid Roundtable
    • June 19, 2015
      Enforcement of EU Competition Law at National Level, AIJA/IBA

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