Merger Control

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 a competition expertise are trained to monitor and raise a flag to our clients early in the process for each transaction which 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.