Dr. JürgenBeninca

Partner

Frankfurt + 49.69.9726.3939

Dr. 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 antitrust, 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, nonwoven, 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 sweets manufacturer in front of the German Federal Supreme Court in a case concerning the mere exchange of competitively sensitive information and is defending an automotive supplier against an antitrust damage claim brought by a car manufacturer. 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.

Experience

  • Avient acquires DSM Protective Materials businessJones Day advised Avient Corporation (NYSE: AVNT), a leading provider of specialized and sustainable material solutions, in the $1.485 billion acquisition and financing of Koninklijke DSM N.V.’s protective materials business, a leading specialty engineered materials business built around the invention of Dyneema®, the world’s strongest fiber.
  • Avient divests distribution business to H.I.G. CapitalJones Day is advising Avient Corporation in the $950 million sale of its Distribution business to an affiliate of H.I.G. Capital.
  • EcoVadis acquires ecotrekJones Day advised EcoVadis SAS, the purpose-led 27th French unicorn whose mission is to provide globally trusted business sustainability ratings, in connection with its acquisition of ecotrek, a sustainability data mining startup focusing on automated supplier monitoring for the entire supply chain based on publicly available data points.
  • Plastic Omnium acquires ams OSRAM Automotive Lighting Systems from ams OSRAM GroupJones Day advised Plastic Omnium in the acquisition of the Automotive Lighting Systems (AMLS) business of ams OSRAM Group in a highly complex international carve-out transaction.
  • Roper Technologies sells majority stake in industrial businesses to Clayton Dubilier & Rice, LLC for $2.6 billionJones Day is advising Roper Technologies, Inc. on the sale of a majority stake in its industrial businesses, including its entire Process Technologies segment and the industrial businesses within its Measurement & Analytical Solutions segment, to an affiliate of Clayton Dubilier & Rice, LLC, for $2.6 billion in cash, subject to customary purchase price adjustments, and contingent consideration of up to $51 million.
  • Sanofi announces carve-out creating EUROAPI and spin-off of approximately 58% of shares to its shareholdersJones Day advised Sanofi in the carve out creating EUROAPI (a leading European company dedicated to the development, production and marketing of active pharmaceutical ingredients) and the listing of this entity on Euronext Paris and the placement of 12% to the French State (through French Tech Souveraineté) for a price of up to €150 million.
  • Albaugh acquires RotamJones Day advised Albaugh, LLC in the $197.5 acquisition of Rotam Global AgroSciences Limited, a company headquartered in Hong Kong and publicly listed on the Taiwan Stock Exchange.
  • Cenntro Electric Group acquires majority interest in Tropos Motors Europe GmbHJones Day advised Cenntro Electric Group Limited, a leading EV technology company with advanced, market-validated electric commercial vehicles, in the acquisition of a 65% equity interest in Tropos Motors Europe GmbH, a wholly owned subsidiary of Mosolf SE & Co. KG.
  • Riverside sells Bohemia Interactive Simulations to BAE SystemsJones Day advised The Riverside Company in the sale of Bohemia Interactive Simulations (Bohemia) to BAE Systems, one of the world’s largest defense contractors.
  • EagleTree Capital portfolio company acquires bChannelsJones Day advised EagleTree Capital in connection with the acquisition and financing by portfolio company The Channel Company of bChannels, a leading global marketing and data services agency specializing in the technology channel.
  • 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.
  • Arsenal acquires ATP Group from Bregal UnternehmerkapitalJones Day advised Arsenal Capital Partners in the acquisition of ATP Group, a leading Swiss based manufacturer of water-based adhesive tapes, from Bregal Unternehmerkapital.
  • PTTGC acquires allnex from AdventJones Day advised PTT Global Chemical Public Company Limited in the €4 billion acquisition of allnex Holding GmbH from Advent International.
  • ProSiebenSat.1 sells moebel.de to XXXLutzJones Day advised ProSiebenSat.1 Media SE in the sale by subsidiary NuCom Group, in which General Atlantic also holds a stake, of moebel.de Einrichten & Wohnen AG to XXXLutz Group.
  • American Industrial Partners subsidiary Vertex Aerospace announces acquisition of Raytheon Technologies' Defense Training and Mission Critical Solutions business linesJones Day advised American Industrial Partners in the acquisition by portfolio company, Vertex Aerospace, of Raytheon Technologies' Defense Training, Professional Services, Mission Critical Solutions, and Modernization and Sustainment business lines.
  • The Duchossois Group sells The Chamberlain Group LLC to BlackstoneJones Day advised The Duchossois Group, Inc. in the sale of The Chamberlain Group LLC, a global leader in smart access solutions, to private equity funds managed by Blackstone.
  • Hilti Group acquires Fieldwire for approximately $300 millionJones Day is advising the Hilti Group in its acquisition of Fieldwire, a San Francisco, California, based construction technology company specialized in construction project management software, for approximately $300 million.
  • Milliken & Company acquires Encapsys, LLCJones Day advised Milliken & Company in its acquisition of Encapsys, LLC, a world leader in microencapsulation delivery systems for the building, construction, paper, bedding and personal care industries.
  • ebase GmbH acquires securities business of Augsburger AktienbankJones Day advised European Bank of Financial Services GmbH (ebase) in the acquisition of the securities business of Augsburger Aktienbank AG.
  • ArchiMed acquires Cube Biotech GmbHJones Day advised ArchiMed, a leading Trans-Atlantic private equity healthcare specialist, on its acquisition of Cube Biotech GmbH, a leading provider of expression, purification, and crystallization services and products for membrane proteins.
  • The following represents experience acquired prior to joining Jones Day.

    Represented a German moving services company in a parallel cartel investigation by the U.S. Department of Justice and the German Federal Cartel Office.

    Represented a leading Austrian bank in an investigation by the European Commission for price-fixing and in the appeal against the fine imposed by the Commission in the front of the European Courts in Luxemburg.

    Represented a leading manufacturer of brakes for rail and commercial vehicles in obtaining merger clearances from the European Commission, the German Federal Cartel Office, and other jurisdictions around the world in a variety of transactions involving highly concentrated markets.

    Represented acquisitions by private equity funds of a broad variety of businesses in obtaining merger clearance from the German Federal Cartel Office and in coordinating the filings in other jurisdictions.

    Represented two leading U.S. financial institutions in a series of lawsuits filed by German investors alleging tort claims involving kickbacks and churning.

    Successfully represented an insurance company in an antitrust investigation by the German Federal Cartel Office.

    Represented various providers of core banking systems and related services to Germany cooperative and savings banks in obtaining merger clearances from the German Federal Cartel Office.

    Represented a manufacturer of dry mortar in an antitrust investigation by the German Federal Cartel Office and in subsequent proceedings in front of the Düsseldorf Higher Regional Court and the German Federal Supreme Court.

    Successfully represented a dealer of bathroom equipment in an antitrust investigation by the German Federal Cartel Office.

    Represented a European stock exchange in the appeal against the blocking decision of the European Commission regarding the merger with a U.S.-based competitor in front of the European Court in Luxemburg.

    Speaking Engagements

    • November 26, 2021
      Umsetzung der EU-Richtlinie "Unfaire Handelspraktiken in der Lebensmittellieferkette" by ZLR and LebensmittelZeitung Transposition of the EU UTP Directive, Seminar by ZLR and LebensmittelZeitung
    • November 23, 2021
      BAFA at the gates of German companies? The German Corporate Due Diligence Act, Jones Day German Client Conference
    • September 22, 2021
      Supply Chain Act – Practical Steps for Implementing the New Legal Requirement
    • September 7, 2021
      Supply Chain Act - And Now? Legal Requirements and Their Implementation in Practice
    • October 30, 2020
      Foreign Direct Investment Screening Procedures - The New Normal? - Foreign Direct Investment Control in Germany
    • September 24, 2019
      Loan Market Association, Syndicated Loans Conference Impact of competition law and the EC study on the loan market
    • September 27, 2018
      Recent Developments in European and German FDI Control law, panelist, Canadian Bar Association Competition Law Fall Conference, Competition, Trade & National Security
    • June 14, 2018
      Arbeitstagung der Studienvereinigung Kartellrecht, Ist die „europäische Auslegung“ des § 1 GWB bzw. die Anwendung von Art. 101 AEUV durch deutsche Gerichte noch mit tragenden Verfahrensgrundsätzen des deutschen Ordnungswidrigkeitenrechts vereinbar?
    • March 2, 2018
      Working Group Day 2018 of the DAJV (German-American Lawyers’ Association)