Dr. Alexander Birnstiel , LL.M.

Rechtsanwalt
Partner
Head of Antitrust & Competition
Practice Group Compliance & Investigations

Alexander advises German and international clients from a large number of industries (including automotive, chemicals, primary and reinsurance, financial services, generic drugs, real estate, IT, food, media, food production, pharmaceutical, sport and steel) on all questions of German and European Antitrust and Competition law.

He represents clients in cartel, abuse and merger control proceedings (including coordination of multijurisdictional filings) before the German Federal Cartel Office, the European Commission and national and European courts. He also advises clients on private enforcement and compliance issues and in dawn raid scenarios.

In European State Aid law, Alexander can refer to comprehensive experience and work both for the public sector and private clients (state aid benefits and complainants) including in the area of regional State Aid.

Expertise

  • German and European Antitrust and Competition law
  • German and European Merger Control
  • Antitrust Litigation
  • Compliance and Investigations
  • European State Aid law

Career

  • Legal studies at the Universities of Munich, Geneva as well as postgraduate studies at the College of Europe in Brugges
  • Private practice experience in Brussels and London
  • With Noerr since 1998
  • Admitted to the Munich Chamber of Lawyers

Selected Projects

  • Andritz: Advising on merger control in connection with the public takeover of a majority in Germany’s Schuler, including notifications before the European Commission and the competition authorities of the US, Turkey, Brazil and China
  • Bahlsen: Defence in connection with the “confectionery cartel”
  • Bosch: Advice on private enforcement (cartel damages claims) regarding the European ball bearings cartel
  • CMC Commercial Metals Company: Advice in connection with antitrust administrative proceedings and cartel damages claims
  • Daimler: On-going advice on merger control and Competition law with regard to joint ventures and acquisitions (including multijurisdictional filings); general advice regarding competition compliance
  • Ennoconn Corporation/HonHai: Advice on merger control regarding the acquisition of shares in S&T AG and conducting merger control proceedings before the European Commission
  • H2 Mobility Industrie Konsortium (Air Liquide, Daimler, Linde, OMV, Shell und Total): Antitrust, merger control and State Aid law advice on the setting-up of a joint venture for the establishment of a hydrogen filling station infrastructure in Germany
  • HUK-COBURG: Advising HUK-COBURG insurance group on private enforcement (cartel damages claims) regarding the EU car glass cartel
  • PCC Precision Castparts Corp.: Advice on merger control including representation in a phase-2 proceeding before the German Federal Cartel Office
  • SKW Stahl Metallurgie: Representing listed SKW in the so-called calcium carbide cartel (EU cartel case for alleged price and quota agreements) before the European Commission, the European General Court and the European Court of Justice, as well as before national courts (including the German Federal Supreme Court) in civil proceedings
  • ThyssenKrupp: Advice on the handling of Antitrust law compliance issues, the establishment and execution of an amnesty programme and support with an antitrust audit not related to any specific events

Distinctions

  • Frequently recommended lawyer for Antitrust, JUVE, 2016/2017
  • Recommended lawyer for Antitrust, Legal 500, 2017
  • Leading expert for Antitrust, Best Lawyers, Germany, 2017
  • Leading expert for Antitrust, Who’s Who Legal: Germany, 2017
  • Leading expert for Competition/European Law, Chambers Europe, 2018
  • Top Lawyer for Antitrust and Competition, WirtschaftsWoche 2018
  • Top Lawyer for Compliance, WirtschaftsWoche 2017

Memberships

  • International Bar Association (IBA); Past Chair of the Intellectual Property and Entertainment Law Committee; also member of the Antitrust Law Committee
  • American Bar Association (ABA), Antitrust Section
  • Studienvereinigung Kartellrecht

Selected Publications

  • Birnstiel/Bungenberg/Heinrich (ed.), Europäisches Beihilfenrecht, Nomos Kommentar, 2013
  • Birnstiel/Janka/Schubert: Dawn Raids - richtiger Umgang mit kartellbehördlichen Durchsuchungen, DB 2014, p. 467 et seq.