Regulatory enforcement against mergers and acquisitions
What is involved?
In recent years, global, EU and UK competition authorities have increased their regulatory enforcement against mergers, acquisitions and joint ventures across a wide range of businesses. 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.
The merger control procedure is crucial when reviewing Mergers and Acquisitions (M&A) transactions as it can easily determine the success of the transaction.
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. 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 are very often involved in merger cases and we work efficiently with our corporate colleagues to advise on the merger control implications of corporate transactions.
With expert and highly skilled lawyers, we specialise in obtaining merger clearance for businesses, as we understand the relevant issues and can identify solutions to any problems involved in the transaction.
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.
- Advising on structuring joint ventures and M&A transactions to avoid merger filings or to secure UK, EU and worldwide merger clearances for them
- Conducting analyses of multi-jurisdictional merger filing requirements
- Engaging in pre-notification discussions with EU and UK regulators
- Filing EU and UK merger notifications and managing and working with local counsel to submit merger filings in other jurisdictions worldwide
- Navigating merger parties through European Commission and CMA (Competition and Markets Authority) Phase 1 and Phase 2 merger inquiries, including remedies negotiations
- Advising hedge funds 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!
Merger Control Lawyers
- Successfully acting on both Phase 1 and Phase 2 EU/UK merger investigations, including advising CMA Panels as seconded CMA Legal Director on complex Phase 2 UK merger inquiries.
- Advising a wide variety of clients on multi-jurisdictional merger control, in sectors as diverse as aerospace, agriculture and farming, automotive, casinos, construction, defence, electronics, engineering, fertilisers, food, funerals, holiday parks, insurance, IT, music, nuclear, office products, packaging, postal, private equity and waste.
- Advising a leading building materials company over a number of years on the merger control and competition aspects of a wide variety of acquisitions and joint ventures.
- Advising an interested third party grocery retailer on its representations to the CMA’s Tesco/Booker merger investigation, including in relation to a confidentiality ring.
- Acting for AMEC (in consortium with Washington and Areva) on the merger control aspects of their successful bid to the Nuclear Decommissioning Authority for the £1.3 billion pa Sellafield contract.
- Advising Triumph Group on the competition and national security public interest merger considerations on its acquisition of the GE Aviation landing gear business, including successfully securing requisite UK Government Ministry of Defence consents.
- Advising Carillion on complex merger issues on UK Government tenders, including on a bid to purchase a UK Government Ministry of Defence business with ongoing supply issues.
- Advising numerous private equity clients, including Lloyds Development Capital, Bridgepoint Capital, Intel Capital, Isis Equity Partners, Lyceum and 3i on the merger control aspects of portfolio investments in various sectors, including energy, payment systems, rail, retail, telecommunications and travel.
- Acting for a global hedge fund, providing UK merger arbitrage advice on the CMA’s merger investigation of J Sainsbury plc/Home Retail Group (Argos).
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
Talk to us
Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?
Contact: 03301 001 014