Orion Berg

Counsel, Paris

Biography

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 and private damages actions), regulatory matters as well as assisting clients including private equity funds in the context of multijurisdictional merger control filing (mergers, acquisitions and joint ventures). Orion also advises clients 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/comfort procedures under the regime of foreign investments control (FIC) which has been largely expanding since 2014.

A frequent speaker and writer, Orion teaches "Data regulation and electronic communications law" to students from Université Paris-Dauphine (Master 2 Droit et Régulation des marchés).

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 a major French bank on antitrust aspects of a partnership in the area of investment and commercial banking;

Advising BC Partners on merger control aspects in relation to the acquisition of DSO by MCS (NPL market);

Advising Eren Renewable Energy on merger control aspects in relation to its combination with Total and in the context of several investments projects in Europe and South America ;

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 and on gaz emission follow-up issues ;

Regular assistance of EU and non EU foreign investors before the French Ministry of Economy to obtain comfort/clearance under FIC rules (notably in IT sector, network industries, pharma and public health)

Assisting a social media network and a leading instant messaging service provider in relation to the challenge of their terms of use by the French consumer protection agency including litigation before French administrative courts;

Advising a consortium of investors led by Amundi Immobilier and including Predica, Spirica and Primonial REIM, on merger control aspects in relation to the acquisition of Europe's largest office complex, 'Coeur Défense', owned by the American fund Lone Star;

Advising Basalt Infrastructure Partners LP on merger control aspects in relation to its agreement to acquire 100 percent of the ownership interest in Comax France S.A.S. from independent US power producer Maxim Power Corp.;

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;

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 an 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 a mobile operator in proceedings before the French Competition Authority for abuse of dominant position, in particular in relation to unfair pricing issues;

Assisting a value added service operator in disputes before the French Telecoms Regulator (ARCEP); and

Regularly assisting several significant French institutional investors in the context of merger controls in the real estate sector.

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.

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.

Awards and Recognition

Orion is listed as a Rising Star by the ExpertGuides 2018 edition for Competition and Antitrust in France

Orion is listed as a Recommended Lawyer by The Legal 500 2017, EU Competition and Distribution in France