Merger Control

Successfully steering transactions through competition and regulatory review worldwide

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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

A SOUTH AFRICAN FOOD AND BEVERAGE COMPANY

In securing clearance in South Africa and across a variety of other African jurisdictions for its acquisition by a consortium of international and regional operators and investors in the dairy, juice and beverage industries

TIME WARNER

On the EU merger control aspects of AT&T's US$85 billion acquisition of Time Warner

JCDECAUX

On the merger control aspects of its acquisition of APN Outdoor Group, the fourth and second largest providers of out-of-home advertising in Australia

YANCOAL

In connection with merger filings in China, South Korea, Taiwan and Japan following its sale of a significant portion of Coal & Allied Industries Limited's assets to Glencore

LONMIN

On merger control issues in connection with a hostile bid by mining company Xstrata and on the merger control aspects of its proposed acquisition by rival mining company Sibanye-Stillwater

SIERRA RUTILE

In a successful Phase II merger control review by the Federal Cartel Office of its merger with Iluka Resources (cleared without remedies)

Insights and updates

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’...
6th October 2022
What are the key Asia M&A trends that private investors, corporates and intermediaries should zero...
27th July 2020
In a chapter written for Global Competition Review's 2021 EMEA Antitrust Review, our Brussels team...

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Competition, Regulation and Trade

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