Regulatory / Advisory: Merger Control and Unfair Competition
Playing by the competition rulebook far exceeds the merger control regulations. From the newest EU platform regulations to IPR exceptions with respect to interoperability, abuse of dominant position behaviour, and misleading advertising, our cross-industry experience and deep understanding of intellectual property and corporate law and commercial contracts place us in a very good spot to provide sound competition advice
Merger clearance: Concentration clearance is an essential part of each M&A transaction involving large companies sharing the same horizontal or vertical market. We have advised or assisted in advising on both merger control issues and procedures on national and on EU level (concerning transactions having an impact with a Community Dimension - in more than two EU member states). Our lawyers with competition expertise are trained to monitor and raise a flag to our clients early in the process for each transaction that might qualify for merger control. We follow the Competition Commission's practice and interpretation of concentration, turnover, control (including "negative control"), and "full-function" joint venture and we consider whether the transaction at hand meets the requisite criteria to qualify. In M&A transactions, choosing the right moment to file for merger clearance is extremely important – if the main features of the transaction are not yet clear, the application may be incomplete and hence – premature, and vice versa – too late a filing may double down on regulatory risk and stall the transaction in its tracks. Our corporate/competition team is experienced in guiding the client on how to choose the right timing for the competition filing to avoid unnecessary delays and complications to the contemplated transaction.
Unfair competition: We have advised leading food and beverage companies, global trade and investment conglomerates and international technology corporations on their b2b terms and advertising campaigns to cut regulatory risk or legal challenge on competition grounds. Our team advises on competition issues arising in connection with franchise, licensing, distribution, and strategic partnership agreements. Our commercial and IP legal teams work closely with our competition experts whenever we advise global multi-brand companies on their supply chain and sales structuring and operations to avoid regulatory headaches.