Merger Control

What is involved?

Across the globe, competition authorities have increased their regulatory enforcement against mergers and acquisitions (M&A) and joint ventures – in a wide range of business sectors. Their primary role when it comes to merger control is to assess whether such transactions fall within their jurisdiction and will have a detrimental impact on competition.

Potential merger control issues should be considered at the earliest possible stage of a transaction to assess whether the parties involved need to make filings with the relevant authorities. Merger control can easily determine the success of a transaction. M&A transactions require legal expertise to help businesses formulate a filing strategy, carry out competition due diligence and identify antitrust risks at the outset of the transaction.

Freeths’ Competition lawyers regularly advise on the competition aspects of corporate transactions. From the outset of a deal, we work effectively with our Corporate colleagues to advise on the merger control implications of corporate transactions and devise a suitable notification strategy. We also work alongside specialist competition economists to develop robust evidence to bolster a case for clearance. We provide pragmatic advice on whether clearances are required and file merger notifications where appropriate.

With expert and highly skilled lawyers, some of whom have direct experience of carrying out merger investigations at the UK’s merger authority, we specialise in obtaining merger clearance for businesses. We understand the relevant issues and can identify solutions to any competition problem or risk.

Why choose Freeths?

We act for clients from a wide variety of sectors on all aspects of worldwide merger control and merger filings. We provide services at every stage of the merger control process to ensure the transaction runs smoothly and to avoid any complexities along the way.

This includes:

• Advising on structuring joint ventures and M&A transactions to avoid merger filings or to secure merger clearances for them
• Conducting analyses of multi-jurisdictional merger filing requirements
• Engaging in pre-notification discussions with regulators such as the Competition and Markets Authority (CMA)
• Responding to CMA formal and informal requests for information and Mergers Intelligence Committee (MIC) questionnaires and negotiating initial enforcement order derogations
• Filing UK merger notifications and managing and working with local counsel to submit multi-jurisdictional merger filings
• Navigating merger parties through CMA Phase 1 and Phase 2 merger inquiries, including remedies negotiations where needed to secure clearance
• Advising hedge funds and asset managers on merger arbitrage

We work closely with competition economists in carrying out substantive analyses to deliver a seamless and successful outcome. Our clients trust us to help them get the deal done – whatever the nature or size of the deal.

Recent Experience

• Successfully securing UK, EU and worldwide merger clearances in M&A transactions across a wide variety of sectors, analysing multi-jurisdictional merger control filing requirements and advising on complex Phase 2 merger inquiries
• Representing a third party throughout the CMA’s investigations into the proposed Sainsbury’s/Asda merger
• Advising a third party on the CMA’s merger investigations into Hasbro Inc/Entertainment One Ltd and Amazon/Deliveroo
• Advising a leading glass supplier on the merger control aspects of its joint venture with one of the world’s largest glassmakers
• Advising a leading UK business in the construction sector on its collaboration with a bulk haulage provider
• Providing UK merger arbitrage advice to a hedge fund on a CMA merger inquiry involving a large grocery retailer

Contact our Competition department to find out how we can help your business with any aspect of merger control or merger arbitrage.