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Practices

 

Merger Control

Described as "first rate for merger clearances", our antitrust lawyers have a strong track record of successfully acting in the most difficult merger cases.

We are regularly involved in some of the most difficult and sensitive mergers and are regularly involved in detailed/Phase II merger control investigations at both EU and national level.

Our involvement in some of the most high-profile cases has been recognised by the international antitrust community:

  •  In 2012 we won the Merger Control Matter of the Year at the GCR Awards for our role advising SABMiller on its AUD11.2 billion acquisition of Foster’s Group Limited. This was one of the most high-profile global acquisitions of the year.
  • We also won Matter of the Year for our role advising Seagate Technology on the EU, China and global (ex-U.S.) merger control aspects of its USD1.4bn acquisition of the hard disk drive business of Samsung Electronics. The review by the European Commission of Seagate/Samsung was one of the most high-profile and controversial of the year.

We also have a strong track record of securing U.S. antitrust clearances for domestic and cross-border mergers, acquisitions and disposals and we play an active role in advising on the antitrust aspects of multiple M&A transactions every year.

Global strategies

Merger control is a crucial element in any major merger process. When anticipating a transaction, reliable legal advice on the expected outcome and timing of merger clearance procedures is essential. Obtaining merger clearance often involves complex, time-consuming and multi-jurisdictional notification processes.

In complex mergers, remedies may need to be offered to obtain clearance and there is always a risk that the merger will be prohibited or, in some cases, unwound. Effective and efficient preparation and completion of the notification processes may well affect the success of the entire transaction. We have advised on some of the most complex and cutting-edge remedies packages imposed in merger proceedings.

Many, if not most, of our clients' mergers require clearance in multiple jurisdictions. A global strategy is essential for a coherent and efficient merger filing process. Drawing on local contacts and the expertise in our international network, we develop global strategies to obtain clearance of mergers and joint ventures in all relevant jurisdictions as soon as possible.

To give our clients consistency and cost efficiency, we also develop universal antitrust submissions that can be adapted for use in national filings.

Our international merger teams advise on:

  • the likelihood of opposition from merger control authorities
  • the preparation of submissions and briefing papers
  • the negotiation of settlements when needed to secure clearance
Practical assistance includes:
  • access to our extensive database of precedents, merger regime overviews and competition lawyers in virtually every jurisdiction
  • he option of setting up a bespoke global merger filing database to store previous merger filings and authority decisions, facilitating and expediting future cases
  • performing complex jurisdictional and substantive analysis to explain procedures, rules and timelines and help prepare notifications and other documents for submission to competition authorities
  • challenging prohibition or merger approval authorisation before the courts

Recognition for our work

Winner – Merger Control Matter of the Year GCR 2012

Winner – Matter of the Year GCR 2012

"This firm maintains its position as a market leader in competition work, with its lawyers receiving particularly high praise from peers. The group has been active on several of the most high-profile merger control cases over the past year" Chambers and Partners Netherlands 2012

"The firm's broader reach has significant advantages in international transactions" Chambers and Partners Australia 2012

"Its international footprint allows it to co-ordinate multi-jurisdictional merger filings (and) complex cartel investigations" Chambers and Partners Europe 2012

"The breadth of this practice encompasses both inbound and outbound international matters, and it has further deepened its foothold in the region this year" Chambers and Partners China 2012

"Its ability to draw upon the expertise of the firm's global network of European and American antitrust practitioners is also considered a real competitive edge" Chambers and Partners China 2012

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