Establishing at an early stage whether a transaction requires merger control clearance (and, if it does, what the process will be) is crucial from a transaction planning perspective. We provide quick – and pragmatic – views on whether clearances are needed, and we secure clearances where they are.
Whilst we are well-versed in advising on UK merger control, we also have excellent experience assisting on a multi-jurisdictional basis. Our competition lawyers are experienced practitioners who have previously spent a considerable number of years with international law firms in London and Brussels advising on international transactions.
Our work includes advising on the strategic considerations arising in relation to UK merger control, and representing clients in merger cases that are reviewed by the CMA. More broadly, we carry out “multi-jurisdictional analyses” to assess whether merger clearances are required in other jurisdictions, including advising on the practical considerations relevant in deciding where to file. We coordinate local counsel across the European Union and beyond to obtain multi-jurisdictional clearances. We also advise on the application of EU merger control, submit EU merger control notifications and support the client through the process to its natural end.
We are notably experienced in advising on and guiding clients through the process of merger control in relation to local markets, such as retail operators, cinemas and petrol stations. We have leading experience in the legal and econometric analysis used for the analysis and presentation to competition authorities of such mergers, and where required in advising on divestment undertakings. See our client guide Local Market Mergers.
Experience includes:
- Securing CMA clearance for Hoyer Group’s acquisition of DHL’s fuel delivery business in the UK.
- Advising Estee Lauder on the multi-jurisdictional merger control aspects of its USD 1 billion investment in Deciem Beauty Group Inc.
- Advising Experian on the UK merger control aspects of its proposed acquisition of ClearScore
- Advising Thorntons on European Commission clearance of its acquisition by Ferrero
- Advising Lloyds Development Capital on its proposed investment in TNT Post UK, securing European Commission merger clearance
- Advising the Vue Entertainment in a second phase merger inquiry by the German competition authority, including the negotiation of divestment undertakings.
- Acting for Vue Entertainment in a second phase merger inquiry by the Polish competition authority, including addressing a novel market definition proposed by the authority.
- Advising a leading petrol stain chain in Belgium in relation to an acquisition of another chain in Belgium.
- Advising a non-EU airline on competition and merger control aspects of its proposed acquisition of an insolvent EU airline, as well as advice on the legal issues raised concerning Open Skies arrangements, the Chicago Convention, and the challenge of obtaining relevant government consents in relation to cabotage rights; timing issues in obtaining all consents and addressing political issues raised.
- Advised a major Italian shipbuilder in relation to State aid and trade arguments in relation to a proposed merger between a Korean ship builder and a European ship builder.
- Advised a shipping liner in relation to challenging a UK cross-border channel merger.
- Advised a leading US and Japanese industrial gases producer in relation to antitrust issues it would likely face in acquiring the to-be-divested assets of the Linde/Praxair merger under review by the EU Commission.
