Arreas of support

Concentrations of undertakings

For many years, members of MJH’s Competition Law Practice have successfully assisted businesses in obtaining approval from competition authorities for M&A transactions, with a particular focus on the wholesale and retail sectors for FMCG, the medical sector, the manufacture and distribution of electrical goods, the construction sector, the defence industry, oil, gas and energy sectors, as well as the agricultural processing sector.

We have participated in numerous complex merger control proceedings, in which precedent-setting definitions of relevant markets have been established. In a number of cases, we have secured approval for mergers despite the high market shares of the parties involved. We are also successful in negotiating the conditions upon which approval for a merger is granted.

We support and represent our clients in the following areas:

  • developing a strategy for notifying the intended merger to demonstrate the absence of any adverse effects on competition
  • conducting market research and analysis to confirm the validity of granting merger clearance
  • conducting pre-notification dialogue with competition authorities
  • drafting and negotiating the conditions on which approval of the merger will depend, and subsequently in the process of fulfilling those conditions
  • structuring powers during the transitional period to enable safe competition law compliance in preparation for the transaction following the granting of competition law approval

Our experience includes, amongst other things:

  • representing clients in merger proceedings conducted by the President of the Office of Competition and Consumer Protection (UOKiK), the European Commission and authorities in other jurisdictions
  • obtaining merger clearance for major market players acquiring their smaller competitors
  • co-ordinating projects involving the need to obtain merger clearance simultaneously across multiple jurisdictions
  • conducting pre-transaction antitrust analyses to ensure the transaction is optimally structured to secure merger clearance
  • providing support in fulfilling onerous and complex conditions upon which merger clearance was conditional
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