Merger Control

Our Brussels team has extensive merger control experience at all levels of scale and complexity. This includes successfully guiding deals to clearance through first and second phase reviews at both EU and national levels, negotiating commitments and managing referrals to and from the European Commission.

In addition to large-scale acquisitions and joint ventures, we regularly undertake multi-jurisdictional filing analyses in cases that do not trigger EU thresholds and manage any subsequent notifications.

As regards merger control in Belgium, partner Karel Bourgeois’ 2022 book “Concentratiecontrole in België” admirably displays our experience and capabilities in this area. Merger control has evolved to become one of the main priorities of the Belgian Competition Authority and this publication is the first to provide a comprehensive and practical overview of the law relating to this topic.

Assessment of Notification Requirements

The type of transaction that qualifies as a notifiable “merger” can differ from jurisdiction to jurisdiction. Moreover, each jurisdiction will apply different notification thresholds and timetables for review. Our team works in close cooperation with colleagues in the U.S., Asia, and the U.K., as well as with our extensive network of reliable contacts in other countries, to develop and execute an appropriate notification strategy in a timely manner.

Substantive Assessment

Prior to notification, we assess the likely complexity of merger control proceedings. In complex cases, this may involve working in close cooperation with external economists. Depending on the outcome of our assessment, we then provide practical guidance on adapting the transaction to avoid merger control or minimize delays.

Notification of the Transaction

We manage the entire notification process on behalf of our clients. Our lawyers appreciate the importance of a strong and effective relationship with the commercial teams in effectively navigating the merger control process. In some circumstances, cooperation with external IT providers is required in order to process large amounts of data in a very limited period of time. We have developed best-friend relationships with external providers to guarantee time and cost-efficient solutions in such cases.

We have managed and coordinated notifications and merger procedures in more than 40 jurisdictions worldwide, from Brazil to China and from Australia to the United States. Industries involved include air transport, agriculture, automotive, chemicals, energy, fast moving consumer goods, food, life sciences, media, medical devices, mining, paper, telecoms, tobacco, dredging, and steel.

Our considerable experience includes acting for interveners and third parties to whom information requests have been addressed. In this context, we understand the importance of identifying our clients’ interests and objective, and we have a great record of success in achieving desired outcomes.