Orion Berg | White & Case LLP International Law Firm, Global Law Practice
Orion Berg
Orion Berg

Orion Berg

Counsel, Paris

T +33 1 55 04 58 63

E oberg@whitecase.com

Overview

Orion Berg practices competition law and regulation, with a focus on electronic communications law, energy law, as well as sectors subject to EU regulatory law. He has extensive experience dealing with competition law disputes (abuse of dominance, cartels, private damages actions), as well as assisting companies in the context of multijurisdictional merger control filing. Orion also advises companies with their operations on regulated markets and dealings with public authorities in economic investigations (product safety and compliance, customs, consumer protection) including litigation before administrative courts. He represents foreign clients and their domestic affiliates in connection with the regulatory aspects of investing in France, to ensure that their business operations are fully compliant with all applicable regulations. He has also developed an expertise in state-aid advice.

In particular, Orion represents clients in national security reviews before the French Ministry of Economy with respect to commitment proceedings and prior clearance procedures under the regime of foreign investments control (FIC) which has been largely expanding since 2014.

Prior to joining White & Case in 2008, Orion worked for several years in the competition and regulatory departments of two international law firms in Paris.

Bars and Courts

  • Paris Bar

Education

  • DEA, International Private Law, Université de Paris I Pantheon Sorbonne

Languages

  • French
  • English
  • Hebrew

Experience

Advising Eurazeo SA, one of the largest European listed investment companies, on merger control aspects in relation to the acquisition from Mondelez International of certain assets in the confectionery products business, including notably a portfolio of local heritage confectionary brands (Poulain, Carambar, Krema, La Pie Qui Chante and Terry's) and 5 plants located in France.

Assisting a social media network in relation to the challenge of its terms of use by the French consumer protection agency including litigation before French administrative courts.

Advising Shenzhen Hepalink Pharmaceutical Co. Ltd, a Chinese pharmaceutical company, and its US subsidiary Hepalink USA Inc. on merger control aspects in relation to the US$337.5 million acquisition of Scientific Protein Laboratories, LLC, a leading global, independent manufacturer and supplier of active pharmaceutical ingredients (APIs).

Assisting and representing a European trade association in a successful constitutional ruling before the French Conseil d'Etat in relation to the sale of food packaging containing bisphenol A (BPA).

Assisting and representing Mercedes-Benz France (Daimler AG) in a successful ruling before the French Conseil d’Etat in relation to the registration of several car models.

Assisting and representing a mobile operator in proceedings before the French Competition Authority for abuse of dominant position, in particular in relation to unfair pricing issues.

Publications

  • Orion contributes to the regulatory section of Revue Concurrences. He is a regular speaker at the annual conference on internet and telecoms (Telco & Digital Forum), organized by French newspaper Les Echos.
  • National security clampdown on foreign deals, White & Case, Global Merger Control : Charting a Route to Port, 2015, (co-author with Richard Burke, Farhad Jalinous, Nathalie Nègre-Eveillard and Karalyn Mildorf)
  • The legal framework applicable to protection and security of data originating from Smart grids, Smart Grids, CRE, January 2015, (published as "Le cadre juridique de la protection et de la sécurité des données issues des Smart grids") (co-author with Bertrand Liard)
  • Régulation concurrentielle et fiscale de l'Internet : trouver le bon dosage, La Tribune, February 21, 2013
  • Orion is also coordinating a working group on Foreign Investments Control within the International Chamber of Commerce.