Corporate transactions often fall within a merger control regime, whether it is the EU merger control regime or national merger control regimes such as those of the UK, Germany or USA. The tests for deciding if the rules apply can be complex, based on revenues, market shares or assets – and it is not only big deals involving a merger of competitors that are caught. Failure to deal with filings properly can lead to deals being prohibited or unwound and fines for non-notification.
The DWF EU/Competition team can guide you through every step of the process. We provide speedy, pragmatic advice on where filings may be required, and manage the process through our international network of DWF offices and local counsel. We also deliver a clear and practical risk assessment so that you are fully aware of the likelihood that any investigation will ultimately lead to a detailed Phase 2 investigation or even the deal being blocked altogether. In a UK context we represent parties in negotiations on whether a deal should be made conditional on notification under the voluntary UK merger control regime.
Where a deal is investigated, we advise on and draft notifications and handle every stage of the process to ensure the best possible outcome. We are also experienced in representing third parties who receive information requests or want to complain to a competition authority about an anti-competitive merger in their sector.