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    Prof. Dr Rainer Bierwagen
    ADVANT Beiten - Brussels - Hamburg
    Rechtsanwalt
    Partner

    Prof. Dr Rainer Bierwagen

    ADVANT Beiten - Brussels - Hamburg
    Rechtsanwalt
    Partner

    LANGUAGES

    English / French / German

    Practice Areas

    Antitrust Law - Energy Law

    Sectors

    Digital, Media & Technology - Industrials - Public Sector

    Contacts

    T Brussels: +32 2 6390000

    T Hamburg: +49 40 688745-0

    F Brussels: +32 2 6390006

    F Hamburg: +49 40 688745-9

    Rainer.Bierwagen@advant-beiten.com

    Rainer.Bierwagen@advant-beiten.com

    Expertise

    Prof. Dr Rainer M. Bierwagen is Partner at the offices of ADVANT Beiten in Brussels and Berlin and member of the Competition practice group. His area of expertise comprises EU and international competition and trade law. He particularly advises national and inter­national clients on competition law, on state aid rules, in mergers and acquisitions and concerning trade law. He is an expert in EU law for advisory services and advocacy before the courts.

    Prof. Dr Bierwagen studied law at the Universities of Heidelberg, Geneva (Switzerland), Freiburg and Konstanz and obtained his Dr. iur. in 1989. He was admitted to the German Bar in 1989 and in Brussels as Avocat associé (1991) and as Médiateur agréé en droit civil et commercial (2010). He joined ADVANT Beiten as Partner in 2009, having worked previously with Van Bael & Bellis (1989 to 1995) and as a partner with KRB Kemmler Rapp Böhlke, both in Brussels.

    Awards

    Recommended Lawyer
    Best Lawyers in Kooperation mit Handelsblatt 2025
    Recommended Lawyer
    The Legal 500 Germany & EMEA 2022

    Publications

    Publications:

    US sanctions on Iran and EU blocking regulation
    Dr Rainer Bierwagen
    in: RIW 9-10/2020, p. 584 et seq.

    Brexit – Business Relationships Put to the Test
    Rainer Bierwagen
    PLATOW Brief, 10/2018, p. 7

    Determination of the Normal Value and Interpretation of the Concept of „Sales Ordinary Course of Trade“
    Dr Rainer Bierwagen and Dr. Theresa Ilgner (Comment on the Decision of the European Court of Justice (Second Chamber), Decision of 1 October 2014 – C-393/13 P (Council of the European Union/Alumina d. o. o.))
    in: EuZW 2015, p. 24

    Numerous articles on competition, State aid and trade law.

    Lectures:

    On 26 March 2015, Dr Bierwagen delivered a speech on "Ongoing WTO trade dispute settlement proceedings between the EU and Russia" at the International Forum on WTO Law.

    In 2013, Dr. Bierwagen was appointed Honorary Professor by Saarland University. He frequently teaches at various universities and holds lectures at conferences on WTO and EU law issues.

    Memberships

    • Studienvereinigung Kartellrecht
    • Commission des Relations Internationales du Barreau Français de Bruxelles
    • Chinese European Legal Association e.V. (CELA)
    • Belgian Chinese Chamber of Commerce (BCECC)

    Articles

    The Foreign Subsidies Regulation: Where do…
    In the following we provide an overview of what has happened since the entry int…
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    Ursula von der Leyen re-elected European U…
    Commission President Ursula von der Leyen was re-elected Commission President w…
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    It is high time to prepare for the European CO₂ Border Adjustment Mechanism (CBAM)
    The European Carbon Border Adjustment Mechanism (CBAM)1 has entered into force on 17 May 2023 and has been implemented gradually since October this year. The CBMA requires importers of iron, steel, cement,…
    Read more
    20th Amendment to the Foreign Trade and payments Regulation: What’s New?
    Digitalisation The amendments make it possible for administrative acts under the Foreign Trade and Payments Regulation (Außenwritschaftsverordnung, AWV) to be issued in electronic form. Applications, no…
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    The European Carbon Border Adjustment Mechanism - will it become a reality?
    Exporters in third countries and importers have to start preparing for the EU Carbon Border Adjustment Mechanism (CBAM). Companies importing iron, steel, cement, aluminium, fertilizers and electricity will…
    Read more
    ECJ confirms Commission's action against selective tax advantages as state aid, but the path remains rocky
    On November 08, 2022, the Court of Justice of the European Union (ECJ) set aside the judgment of the General Court of the European Union (EGC) of September 24, 2019 regarding the Luxemburg tax decision in …
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    FIFA, UEFA and Super League – Who is the Bad Guy from a Competition Law Perspective?
    After the European Super League had almost been forgotten, the debate about the highly controversial project is now resurging again. In April 2021, twelve top European football clubs announced their intent…
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    Fit for 55: The difficult path to climate protection in the European Parliament
    The greenhouse gas emissions should be cut by at least 55% compared with 1990 levels, and by 2050 the European Union should be climate neutral. That is the EU's target – an ambitious one, especially consid…
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    Enforcing the rule of law in the EU – the European Court of Justice upholds the conditionality regarding the bud…
    The European Court of Justice approves the conditionality mechanism Today, the European Court of Justice upheld the conditionality mechanism which makes the receipt of financing from the Union budget su…
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    On the Interpretation of the EU Blocking Regulation by the ECJ
    The Prelude On 21 December 2021, the European Court of Justice (ECJ) delivered the first judgment on the interpretation of the EU Blocking Regulation in Case C-124/20 Bank Melli Iran. Five months earlie…
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    David against Goliath? The fight of the German Federal Cartel Office against Facebook
    The digitalisation of the economy was accelerated by the pandemic. The main beneficiaries were the large internet corporations, which were able to further expand their power and market position. For the Ge…
    Read more
    EU Digital COVID Certificate
    On 1 July 2021, the EU Digital COVID Certificate Regulation entered into application in all EU Member States. EU citizens and residents will now be able to have their Digital COVID Certificate issued and v…
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    Saving free movement and the tourism industry with an EU vaccination passport - dubbed a Digital Green Certifica…
    The freedom of movement in the European Union has been battered by EU countries imposing border closures within the EU for over one year now, with tremendous negative consequences for industry and services…
    Read more
    Updating the German competition rules for big players in the Digital Economy
    The German Act against Restraints of Competition (GWB) Digitalisation Act is coming – slowly. The draft bill under the heading of Competition Law 4.0 was already published at the end of January. Now the Fe…
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    EU-Vietnam Free Trade Agreement In Force
    The Free Trade Agreement between the EU and Vietnam, abbreviated EVFTA, entered into force on 1 August 2020. It is the EU's second free trade agreement in the ASEAN region after the agreement with Singapor…
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    Support from Brussels: The EU Recovery Plan and Budget
    The members of the European Council (i.e. Presidents and Prime Ministers) agreed in Brussels, after lengthy discussions, on the long-term budget of the European Union for 2021 - 2027 and a recovery plan fo…
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    The Commission suffers another setback in its fight against illegal state aid
    On 15 July 2020, the European General Court (GC) rendered its verdict on the Commission decision of 30 August 2016 requiring obliging Ireland to claim the payment of € 13 billion of back taxes from Apple. …
    Read more
    Update: Federal Ministry for Economic Affairs Presents Amendments to German Foreign Trade and Payments Ordinance…
    As already reported, a draft law on tighter controls on investments from non-EU countries has been submitted to the German Parliament (Bundestag), and the German Federal Ministry for Economic Affairs and E…
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    Decision of the German Federal Constitutional Court: Constitutional Complaints against PSPP
    The Federal Constitutional Court had to rule on constitutional complaints against the Public Sector Purchase Programme (PSPP). The result can be summarised as follows: In the opinion of the Court, the ECB …
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    25 Years Schengen Area - The Challenges of COVID-19 and the Consequences of the Pandemic for the Freedom of Good…
    More than a month ago, Europe celebrated the first 25 years of the abolition of intra-European border controls - and this despite the restrictions on freedom of travel and the free movement of goods that h…
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    Strengthening of Investment Controls in Germany and Europe
    Over the last two years, investment control rules were strengthened throughout Europe, or for the first time adopted, and a common framework for the assessment of foreign direct investments created by the …
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    State Aid in the Corona Crisis
    The measures taken by the EU Member States to support their economies in the wake of the corona pandemic fall under the EU aid regime insofar as the support actions constitute aid within the meaning of Art…
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    Strengthening of Investment Controls in Germany
    In November 2019, the German Federal Ministry for Economic Affairs and Energy (BMWi) presented its concept for an “Industrial Strategy 2030 - Guidelines for a German and European Industrial Policy”. The BM…
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    A fresh breeze from Brussels: The future EU Commissioners in the areas trade, competition and digitalization
    The President-elect of the European Commission, Ursula von der Leyen, presented on Tuesday September 10th her new team and the structure of the next Commission. We took a closer look at the designated comm…
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    New companies and
    associations code in
    Belgium brings
    fundamental changes
    Belgium enacted a new Companies and Associations Code ("Code des sociétés et des associations"; CSA/WVV, or Wetboek van vennootschappen en verenigingen)[1] as well as new tax legislation in February 2019 w…
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    The EU‘s path to uniform and stricter standards for screening foreign investments
    The European Union is moving towards uniform and stricter rules for controlling and approving foreign direct investments. This follows the trend set by national governments, among others in Germany, the UK…
    Read more