Merger control

Merger control refers to the procedures used by antitrust agencies for reviewing corporate mergers and acquisitions in light of the antitrust rules.

The purpose of these procedures is to ensure that these agencies review transactions that could substantially harm competition before they are closed. Unless they are cleared by the appropriate agencies, some transactions are prohibited. Furthermore, “gun-jumping” which consists in implementing a merger without obtaining the prior green light required by the antitrust agencies, normally give rise to significant fines.

bureau Brandeis Paris has the expertise to deal with all types of types of complex merger and acquisition transactions, whether they are national or international public offerings on the stock exchange, private takeovers, and joint-ventures.

We know how to coordinate multi-jurisdictional filings and obtain green lights from the European Commission and the French Competition Authority.

As an independent and agile antitrust boutique, who works with bureau Brandeis Amsterdam antitrust lawyers whenever it is in the best interest of the client, bureau Brandeis Paris lawyers are particularly well placed to assist both corporations and French, EU and foreign law firms with no specific merger control expertise in:

  • Advising on the structure of a deal in light of merger control rules;
  • Assessing the need to notify a merger operation pursuant to French and EU jurisdictional and substantive rules and design a filing strategy;
  • Handling and securing phase 1 clearances;
  • Handling in-depth phase 2 reviews and obtaining clearances, including by developing, negotiating and implementing complex remedy packages where necessary;
  • Litigating prohibition decisions before the French and EU Courts, before which we have gained significant experience.

- Louis Brandeis, Justice of the US Supreme Court