Merger Control

Successfully steering transactions through competition and regulatory review worldwide

Share

Merger control regimes have multiplied across the globe, with effective merger control strategy and its execution key to the timing and success of many deals.

We partner with clients to identify antitrust risks and formulate a filing strategy at the outset, advising on optimum transaction structure, competition due diligence and guiding a transaction through competition and regulatory review to completion.

Our global team regularly advises on all aspects of securing clearances from antitrust regulators worldwide, where necessary developing, negotiating and implementing complex remedy packages. In cross-border transactions we coordinate multijurisdictional filings globally, ensuring a consistent and coherent approach.

We have significant expertise in handling in-depth reviews and in obtaining clearances based on innovative commitments, together with extensive experience dealing with the particular challenges of managing merger reviews in nascent competition regimes. Our thorough sector knowledge means we are well-placed to advise on a broad range of issues, including dealing with the interplay between competition and regulatory requirements in markets such as transport, infrastructure, water, telecommunications and energy.

Our team also has a significant track record in contentious merger control matters, both in appealing merger control decisions on behalf of both merging and third parties, and acting for clients seeking to challenge a merger of their competitors, customers or suppliers through the regulatory process.

Our EU law experts have unparalleled expertise in merger control matters, obtaining clearances from the European Commission for international deals in the most efficient manner possible. The team has an excellent understanding of the workings of the EU, drawing on the experience of former secondees, officials and judges at the European Commission and EU courts.

COMPETITION NOTES - Find the latest developments on our blog.

Recent Experience

SKY

On the merger control and regulatory aspects of (i) its £22 billion acquisition by Comcast, (ii) its proposed acquisition by Fox and (iii) Disney's proposed acquisition of Fox

UBER

On the merger control aspects of its ridesharing joint venture with Yandex.Taxi. and on the merger control aspects of its US$ 3.1 billion acquisition of Careem

ABBVIE

On the merger control aspects of its US$63 billion acquisition of Allergan

TPG TELECOM

On the merger control aspects of its $15 billion merger with Vodafone Hutchison Australia in the Federal Court of Australia – this case is considered to be the most significant merger litigation case to come before the ACCC in the past 10 years

BIDFAIR USA

On the merger control aspects of its $3.7 billion acquisition of Sotheby's

SYNTHOMER

On the competition aspects of its US$824 million acquisition of OMNOVA (a US publicly listed company)

Insights and updates

26th April 2023
The ACCC has announced a proposal for major reforms to Australia’s merger clearance regime. If...
15th November 2022
The Australian competition watchdog's proposals suggest a more muscular approach to regulating digital service providers
30th June 2022
We are pleased to announce the launch of the sixth edition of Herbert Smith Freehills’...
30th March 2023
What are the key Asia M&A trends that private investors, corporates and intermediaries should zero...

Our People

Learn more about how we help our clients in

Competition, Regulation and Trade

View Service