Clemens Graf York von Wartenburg

clemens-york

Clemens Graf York von Wartenburg

Partner

Brussels | 480 Avenue Louise, Box 13A, Brussels, Belgium 1050
+32 2 535 5411 | +32 2 535 5400

Frankfurt | Tower 185, Friedrich-Ebert-Anlage 35-37, Frankfurt am Main, Germany 60327
+49 69 7706194258 | +49 69 77 06 19 19


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Clemens Graf York von Wartenburg focuses on EU and German competition law. He advises clients on a wide array of competition law issues, with a particular focus on complex merger control proceedings as well as cartel and abuse of dominance investigations before the European Commission and the German Federal Cartel Office. His practice includes the coordination of  multi-jurisdictional merger clearance processes in countries throughout the world.  He also regularly counsels clients on questions concerning the application of competition law to distribution agreements, pricing practices, and other relationships between companies operating at different levels of the supply chain.

In addition to his antitrust practice, Mr. York provides strategic advice and resolves government investigations for clients seeking foreign direct investment (FDI) approval in Germany.  He also regularly oversees FDI screening processes in other EU member states. 

Mr. York is recognized by the relevant industry publications for his antitrust work in Europe. In 2018, he was ranked as one of Germany’s leading antitrust lawyers by weekly business magazine WirtschaftsWoche. His work is also recognized in the 2019 editions of Legal 500 and GCR 100. He is listed amongst Germany’s best competition lawyers by German nationwide daily Handelsblatt. In 2020, he was named a “Future Leader” in competition by Who’s Who Legal.

Mr. York has significant experience in advising multinational corporations across a broad range of industries, including automotive, air cargo, biotechnology, broadcasting and media, chemicals, consumer products, energy, financial services, manufacturing, pharmaceuticals and telecommunications. Mr. York is a frequent speaker and author on antitrust/competition and foreign investment-related topics. Currently he is particularly invested in themes around antitrust and sustainability, focusing also on the new EU FDI regulation.

Prior to joining Dechert, Mr. York worked in the Brussels, Düsseldorf and New York offices of another international law firm.

Experience
  • Aditya Birla in its acquisition of Columbian Chemicals before the Federal Cartel Office.
  • Barclays PLC in various acquisitions before the Federal Cartel Office.
  • BASF/Ciba in an EU cartel investigation in the heat stabilizers business.
  • BE Aerospace in its acquisition of Interturbine Projekt Management before the Federal Cartel Office.
  • Bertelsmann/RTL Group and CBS Corporation before the Federal Cartel Office in connection with the establishment of a pay-TV joint venture.  
  • Cargolux in an EU cartel investigation in the air freight industry and subsequent civil litigation strategy.
  • Continental AG in its joint venture with SK Innovation before the European Commission.
  • EQT/Munksjö and Ahlstrom in the merger of their label and processing paper businesses (phase II merger review before the European Commission).
  • EQT/Munksjö in a German cartel investigation, European Court of Justice preliminary ruling “Pfleiderer-case” and civil litigation strategy.
  • Huhtamaki in an EU cartel investigation in the packaging sector and subsequent appeal before the General Court. 
  • Nasdaq OMX in its attempted acquisition of NYSE Euronext and in Deutsche Börse/NYSE Euronext phase II merger review before the European Commission.
  • Nokia in several acquisitions before the Federal Cartel Office.
  • RAG-Stiftung in the sale of a stake in Evonik to CVC before the European Commission.
  • Sany in its acquisition of Putzmeister before several competition authorities.
  • Scania in the acquisition of MAN by Volkswagen before the European Commission.
  • Tönnies in various acquisitions before the European Commission and the Federal Cartel Office.
  • A multinational company in a cartel investigation before the French competition authority.
  • A major Eastern European gas company in Article 102 TFEU proceedings before the European Commission.
  • A major Asian mobile device manufacturer on strategic questions relating to Article 102 TFEU.
  • A Middle-Eastern sovereign wealth fund in several acquisitions of industrial participations in merger control proceedings before the European Commission and in multiple other jurisdictions.

Includes matters handled at Dechert or prior to joining the firm.

Education
  • Universities of Bonn, Lausanne (Switzerland) and Münster, 2004
  • College of Europe, Brügge, LL.M., 2007
Admissions
  • Brussels
  • Germany
Languages
  • English
  • German
  • French
  • Portuguese
Memberships
  • Studienvereinigung Kartellrecht e.V.
Speaking Engagements
  • Killer acquisitions: Should they be prevented - 7th Annual Global Merger Control Conference - Paris, France (December 06, 2019)
  • An update on developments in merger control - GCR Live 4th Annual Düsseldorf - Düsseldorf, Germany (November 19, 2019)
  • Kartellrechtliche Compliance im Rahmen der Transaktionsplanung - Frankfurter Compliance Talk - Frankfurt am Main, Germany (September 10, 2019) 
  • Antitrust Compliance in a Time of Populism: Considerations for Non-Tech Giants - 2019 Annual Antitrust Spring Seminar  - Philadelphia, USA (March 26, 2019)
  • 6th Annual Global Merger Control Conference - Paris, France (November 30, 2018)
  • Interim measures & EU competition proceedings: Is there a case for reform? - Brussels, Belgium (June 8, 2018)