Orion Berg

Partner, Paris

Biography

Overview

Orion has special expertise in assisting clients in the context of global and complex Foreign Direct Investments (FDI) screening reviews. He is a leading coordinator at White & Case of global FDI assessments outside the US.

He also represents clients in national security reviews before the French Ministry of Economy with respect to commitment proceedings and prior clearance/comfort procedures under the FDI regime which has been largely expanding since 2014.

Orion has recognised expertise in competition and regulatory matters notably in relation to the telecom sector, in addition to a particular strength in providing state-aid advice.

Orion is a frequent speaker and writer on global FDI events and conferences. He also contributes to the regulatory section of Revue Concurrences.

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

FDI

Representing Saudi Aramco in its acquisition of Valvoline Inc.'s (NYSE: VVV) global products business for US$2.65 billion (Energy)

Advising Schneider Electric in its sale of sensors business (IT/industry);

Advising Jenoptik AG regarding its sale of its defense/mechatronics business Vincorion (Defense);

Advising Eurazeo in relation to the sale of Vitaprotech, the French leader in premium security solutions for sensitive sites (IT/Defense);

Advising UK private equity fund in relation to an investment in a French supplier of glass fiber (Defense);

Advising FCDE in relation to its acquisition of Bertin Technologies (Defense);

Advising EQT in relation to a co-investment in IFS, a global leader in cloud software solutions (Cloud computing);

Advising Vanderlande, a subsidiary of Toyota Industries Corporation, in its investment in Viastore (Logistics);

Advising Ebro Foods in relation to the disposal of agrifood business (Agrifood);

Advising Faurecia on the acquisition of 60 percent of HELLA's shares (autonomous driving);

Advising DiscoverlE plc in connection with its sale of Acal BFi, its custom supply distribution business (Electronics/Defense);

Advising SVP and Appollo in relation to their investments in Vallourec (Nuclear);

Advising Novasep in connection with the sale of Chromatography Equipment Division to Sartorius – (biotech);

Advising Digital Realty in connection with the sale of Data Centers to Singaporean governmental fund (Data centers);

Advising Altitude Infrastructure in relation to the investment by GVC in the capital of Altitude Infrastructure THD (Telecom);

Advising Aptean Group in connection with the acquisition of Lascom (Software/Defense);

Advising Colt Technology Services in connection with the carve-out and subsequent sale of twelve data centers across its Europe portfolio to AtlasEdge, a formed joint venture between Liberty Global and DigitalBridge (Data centers);

Advising Smiths Group in connection with the sale of Smiths Medical to Trulli Bidco Limited, a wholly owned subsidiary of funds advised by TA Associates LLP (Healthcare);

Advising Nordic Capital in relation to its investment in LEO Pharma, a leader in medical dermatology (Pharma);

Advising OncoDNA in connection with the acquisition of Integragen (Medical research);

Merger Control

Advising Altitude in the acquisition and financing of a major part of the Covage assets (26 private and public network exploitation contracts) from SFR FttH (Altice group) for a EUR 1.1 billion deal value.

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;

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);

Regulatory/State Aids

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;

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;

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);

Advising a French operator on antitrust and regulatory matters in relation to several areas, including the launching of mobile TV broadcasting in the French market. This included dealing with the regulatory and competition authorities, and negotiating with broadcasters and distributors;

Representing Finnish nuclear power plant operator TVO in State aids aspects of the negotiation (and subsequent re-negotiation) of a global settlement agreement of disputes in connection with the construction of the multi-billion euro OL3 EPR nuclear power plant by Areva and Siemens.

Advising the lenders on the state aid aspects of the €5 billion Term Loan facility guaranteed by the French state granted to the Renault group;

Advising the lenders on the state aid aspects of the implementation of a €4 billion Term Loan facility guaranteed by the French state for Air France-KLM;

Advising the lenders on the state aid aspects of the implementation of a €220 million Term Loan facility guaranteed by the French state for Europcar Mobility Group (Europcar);

Advising the lenders on the state aid aspects of the implementation of a €500 million Term Loan facility guaranteed by the French state for Fnac Darty;

Handling State aid aspects of Public-Private Partnerships and public infrastructure privatisation proceedings;

Publications

Thought Leadership: Foreign Direct Investment Reviews 2023: A Global Perspective (French and EU report) 

FDI on the radar screen – February 2022 

Article, Le Magazine des Affaires, Foreign investment control in the EU, February 2022

Getting The Deal Through - Foreign Investment Review 2022 – February 2022

Primer: France’s new FDI guidelines - October 2022

Thought Leadership: Foreign Direct Investment Reviews 2021: A Global Perspective (French and EU report) 

Snapshot: foreign investment law and policy in France, 2021, Lexology Getting The Deal Through, January 2021

Thought Leadership: Foreign Direct Investment Reviews 2020: A Global Perspective (French and EU report)

Thought Leadership: Foreign Direct Investment Reviews 2019: A Global Perspective (French report)

Orion contributes to the regulatory section of Revue Concurrences.

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