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Merger clearances

The challenges

For business, the ultimate risk with merger controls is that the transaction might be blocked or conditions imposed. Any acquisition strategy needs to take account of these risks. With such potentially devastating effects, it is essential that your business is protected and advised as promptly and cost effectively as possible.

Whilst the regulatory risks are normally greater where a dominant company engages in merger activity, you need a balanced assessment of those risks. You need lawyers with experience of steering transactions even in concentrated markets through to merger clearance.

How we can help

Eversheds' approach to merger control is commercial and hands-on, to address the real antitrust issues and avoid unnecessary filings.If there are no material issues, our role is simply to help you clear the administrative hurdles quickly. In more difficult cases, we aim to give clients an up front assessment of the risks and recommend the best tactical approach.

You will gain from our extensive experience of achieving merger clearances in the EC and individual member states as well as co-ordinating multi-jurisdictional clearances to transaction timetables. The Eversheds network of offices operates on multi-jurisdictional merger cases to ensure a co-ordinated approach in different countries. Many clients ask us to co-ordinate all relevant filings and we work regularly with the leading antitrust practices across Europe and beyond as well as within the Eversheds' network.

We have extensive experience in giving strategic advice on potential deals including deals between parties with significant market shares and considering different structures and tactical approaches, whether alone or with other legal or economic advisers.

We have secured clearances under the EC Merger Regulation for transactions in a range of sectors from b2b electronic market places to joint ventures in the steel sector. We also act for third parties responding to information requests and opposing mergers being reviewed in Brussels. On several larger EC merger investigations we have advised arbitrageurs on the procedure and likely outcome.

In the UK we represent clients both before the Office of Fair Trading and the Competition Commission. We have the experience to take advantage of the more flexible merger procedures in the UK to get the right result.