Dr. JürgenBeninca

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Frankfurt + 49.69.9726.3939

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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 advises clients on European supply chain legislation 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.

He is currently defending an automotive supplier against an antitrust damage claim brought by a car manufacturer and helped a sweets manufacturer limit the effects of an investigation of the German Federal Cartel Office concerning the mere exchange of competitively sensitive information. Many clients turn to Jürgen with questions on European supply chain laws such as the EU Corporate Sustainability Due Diligence Directive, the EU Deforestation Regulation, the EU Forced Labor Regulation, and the German Supply Chain Act. He also obtained a certificate of non-objection pursuant to Section 58 AWV for the acquisition of a German target by a Chinese client.

Experience

  • Peabody acquires Tier 1 Australian metallurgical coal assets from Anglo AmericanJones Day is advising Peabody in the pending acquisition of significant Tier 1 Australian Metallurgical coal assets from Anglo American plc for a cash consideration of up to US$3.775 billion.
  • Gimv sells majority stake in outpatient rehabilitation specialist rehaneo to Fremman CapitalJones Day is advising Gimv NV, the pan-European PE fund, in the sale of its majority stake in outpatient rehabilitation specialist, rehaneo, to Fremman Capital.
  • Koch Equity Development acquires iconectiv, LLCJones Day is advising Koch Equity Development LLC, the principal investment and acquisition arm of Koch, Inc., on its acquisition of iconectiv, LLC ("iconectiv"), a telecommunications solutions leader, from Ericsson (NASDAQ: ERIC), the global supplier of mobile communication and connectivity solutions for service providers and enterprises, and affiliates of Francisco Partners, a leading technology investment firm.
  • State of Hesse restructures capital of Landesbank Hessen-Thüringen Girozentrale (Helaba)Jones Day advised the State of Hesse in connection with a change in the composition of the capital structure of Landesbank Hessen-Thüringen Girozentrale (Helaba), strengthening the equity capital of the bank.
  • STERIS sells dental segment to an affiliate of Peak Rock CapitalJones Day advised STERIS Plc in the $787.5 million sale of Dental segment to Peak Rock Capital, a leading middle-market private investment firm.
  • Accurate Background acquires Orange Tree Employment Screening LLCJones Day advised Accurate Background, the largest privately held and minority-owned global provider of compliant background checks, drug and health screening, and workforce monitoring solutions, in its acquisition of Orange Tree Employment Screening, a technology-driven background screening provider.
  • Spark Networks obtains chapter 15 recognition of first-ever cross-border restructuring under German StaRUGJones Day represented Spark Networks SE in the first-ever cross-border restructuring under the recently enacted German restructuring law ("StaRUG") and chapter 15 of the U.S. Bankruptcy Code involving over $100 million of funded debt issued by a U.S.-based credit fund and guaranteed by other German and U.S. entities.
  • Riverside sells Energy Exemplar to Blackstone and Vista Equity PartnersJones Day advised investment funds affiliated with Riverside's Australia Fund in connection with the sale of its Energy Exemplar platform to a newly formed acquisition vehicle jointly controlled by investment funds affiliated with Blackstone and Vista Equity Partners.
  • Griesson brings long-running antitrust investigation to an endJones Day helped Griesson – de Beukelaer GmbH & Co. KG bring the long-running antitrust investigation by the German Federal Cartel Office to an end.
  • LyondellBasell acquires minority stake in Source OneJones Day advised LyondellBasell in the acquisition of a minority share in Source One GmbH, Leiferde, Germany, a plastic waste sourcing and engineering company, specialized in developing technical solutions for hard-to-recycle post-consumer plastic waste.
  • Sanofi sells portfolio of well-established consumer healthcare brands to STADAJones Day advised Sanofi in the sale of a portfolio of 7 well-established consumer healthcare brands across several countries, including Belgium, Germany, Hungary, Spain, the U.K., as well as Nordic countries, to STADA Arzneimittel AG.
  • Affinity Partners leads €207 million Series F financing of EGYMJones Day represented Affinity Partners in its acquisition of an interest in EGYM, a global fitness technology and corporate health innovation leader, in a Series F financing of €107 million, with an additional €100 million available for future investments.
  • Automotive supplier defends against cartel damage claimsJones Day represents an international automotive supplier in cartel damage follow-on action.
  • Timken acquires Nadella Group from ICGJones Day advised The Timken Company in the acquisition of Nadella Group, a leading European manufacturer of linear guides, telescopic rails, actuators and systems and other specialized industrial motion solutions, from ICG plc.
  • Real Alloy sells European business to SpeiraJones Day advised Real Alloy Holding, LLC in the sale of its European aluminum and magnesium recycling operations to Speira GmbH, an affiliate of KPS Capital Partners.
  • LyondellBasell invests in APK, a German plastics recycling companyJones Day represented LyondellBasell as the lead investor in the latest financing round of APK AG, a German plastics recycling company.
  • Cenntro Electric Group acquires remaining interest in Cenntro Automotive Europe GmbH (formerly Tropos Motors Europe GmbH)Jones Day advised Cenntro Electric Group Limited, a leading EV technology company with advanced, market-validated electric commercial vehicles, in the acquisition of the remaining 35% equity interest in Cenntro Automotive Europe GmbH (formerly Tropos Motors Europe GmbH), from Mosolf SE & Co. KG.
  • Rejuvenate acquires entire business operations of cell transplants manufacturer co.don AktiengesellschaftJones Day advised Rejuvenate GmbH, a subsidiary of ReLive Biotechnologies, in connection with the acquisition of the business operations of co.don Aktiengesellschaft ("CO.DON") (including all shares in its Dutch, UK and Swiss subsidiaries).
  • UPL sells stake in Advanta Enterprises to KKRJones Day advised UPL Limited in its $300 million sale of a 13.33% stake in its subsidiary, Advanta Enterprises Limited, to KKR.
  • Ansys acquires automotive simulation channel partner DYNAmoreJones Day is representing Ansys, Inc. in the acquisition of the DYNAmore business (“DYNAmore”), a Stuttgart, Germany-headquartered company who has historically distributed Ansys’ LS-DYNA crash test simulation software to virtually all major European car manufacturers.

    • 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.

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    September 2024 Commentary

    Australia Publishes Draft Antitrust Guidance on Sustainability Collaborations

    June 2024 Newsletters

    The Challenges Faced in the Implementation of the EU Deforestation Regulation

    May 2024 Commentary

    The UK Competition and Markets Authority Takes Action Against Allegedly Misleading Environmental Claims

    March 2024 Alert

    Third Time's a Charm: EU Moves to Approve the Sustainability Due Diligence Directive

    February 2024 Commentary

    European Commission Unveils Plan Aimed at Strengthening Economic Security

    December 2023 Alert

    European Institutions Reach Deal on EU Corporate Sustainability Due Diligence Directive

    November 2023 Commentary

    Ireland Introduces Foreign Investment Screening Regime

    October 2023 Alert

    European Commission Signals Increased Scrutiny in Semiconductors, AI, Quantum Technologies, and Biotechnologies

    August 2023 Commentary

    Luxembourg Adopts New Foreign Direct Investment Screening Regime

    July 2023 Commentary

    ECJ Clarifies Conditions Under Which Member States Can Block Foreign Direct Investments
    View All

    Additional Speaking Engagements

    • May 4, 2023
      Jäger des verlorenen Maßstabes - Die Beurteilung chinesischer Direktinvestitionen durch die Bundesregierung nach der AWVStudienvereinigung Kartellrecht - Regionalgruppe Frankfurt
    • November 17, 2022
      EU-weite Perspektive: Entwicklung der UTP-Richtliniehttps://veranstaltungen.ruw.de/archiv/lebensmittelrecht/ein-jahr-utp-richtlinie-eine-zwischenbilanz/programm
    • 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)

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