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
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.
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)
- University of Pennsylvania (LL.M. 1998); Universität Konstanz (Dr. jur. 1998; First State Examination 1994); State of Baden-Württemberg (Second State Examination 1996)
- Federal Republic of Germany and New York