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, generica, 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 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
  • 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

References

  • 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 cartel authorities of the US, Turkey, Brazil and China
  • Bahlsen
    Defence in connection with the “confectionery cartel”
  • CMC Commerical Metals Company
    Advice in connection with antitrust administrative proceedings and cartel damages claims
  • Daimler
    Acting for the premier automotive group in the sale of its majority in MBtech to the French engineering and consulting company Akka Technologies, Merger control law and compliance advice in connection with joint ventures in Russia and state aid advice in connection with greenfield projects
  • H2 Mobility Industrie Konsortium (Air Liquide, Daimler, Linde, OMV, Shell und Total)
    Antitrust, merger control and state aid law advice provided to an industrial consortium, consisting of Air Liquide, Daimler, Linde, OMV, Shell and Total, on the setting-up of a joint venture for the establishment of a hydrogen filling station infrastructure in Germany
  • HUK CoburgRepresenting HUK-COBURG insurance group in the court enforcement of claims for compensation under anti-competition laws in conjunction with a so-called EU automotive glass cartel
  • PCC Precision Castparts Corp.
    Advice on merger control including representation in a phase-2 proceeding before the Feder Cartell 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 General Court and the European Court of Justice, as well as before national courts (including the 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
  • ZDF Zweites Deutsches Fernsehen
    Advising on a number of cases to defend claims from a range of cable network operators regarding the termination of supply contracts

Distinctions

Alexander is recommended as a leading lawyer for antitrust and competition law in The International Who’s Who of Competition Lawyers & Economists and by Best Lawyers, JUVE and Legal 500. The JUVE Handbook also highlights him as a leading name in media competition law. The WirtschaftsWoche included Alexander among the top 25 German lawyers in competition law.

 

Memberships

  • International Bar Association (IBA); Senior Vice Chair of the Intellectual Property and Entertainment Law Committee; also member of the Antitrust Law Committee
  • Antitrust Section of the American Bar Association (ABA)
  • 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.