Merger Control, Foreign Investment and EU Foreign Subsidies Regulation
Efficient management of merger control and foreign investment clearance procedures is critical for deal certainty. With over 120 countries enforcing merger control laws and a surge of new foreign investment review regulations and requirements across jurisdictions around the world, you need to be able to quickly identify where filings are required, work out timing implication, and assess costs and risks of notifying or not notifying in any given jurisdiction.
To add to this, the EU has introduced the Foreign Subsidy Regulation (FSR) according to which transactions above certain monetary thresholds have to be notified to the European Commission for prior approval where the companies involved have benefitted from financial contributions from non-EU third countries.
How we help:
- Strategic input on the viability of a deal allowing you to adapt your bidding and/or negotiations strategy.
- Realistic timetable and deal-planning guidance board on analysis of filing thresholds, whether transactions are notifiable, and practical advice on filing requirements based on knowledge of local rules, current enforcement and filing practices.
- Management of compliance issues prior to closure, including guidance on document creation and disclosure, and pre-closing integration planning.
- A central point of contact to efficiently coordinate filings globally, aggregating information requests and disseminating information to local counsel to ensure consistency and tell a coherent story to regulators.
- Strong working relationships with authorities that facilitate effective pre-notification discussions and advocacy as well as management of in-depth investigations and the negotiation of remedies (where required) with internal or external economists as appropriate.
- A dedicated team attuned with your long-term strategy to build credibility with regulators, manage political outreach in sensitive deals that may face opposition and oversee substantive positions taken in merger or foreign investment review filings that may influence the authorities' evaluation of future filings.
