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Merger Approval and Cartels
In many cases the formal merger approval process is subject to a range of pressures, which have a significant bearing on the eventual decisions made. This is especially true in cases which contain an overtly political dimension, for example, a merger concerning a strategic sector or involving one or more high profile entities.
Understanding political sensitivities is the first step to ultimately attaining the go-ahead for the merger. EPPA intervenes to allow the deal to be understood in its most appropriate context. We leverage our proximity to national antitrust experts as well as to relevant EU decision-makers to allow for a consistent and compelling communication effort.
EPPA has a 100 % success rate when it comes to defending hostile takeover attempts. Our inherent understanding of the EU’s competition rules allayed with our receptiveness to political sensitivities has been of invaluable service to clients in this area of EU competence.
Action against cartels is a specific type of EU antitrust enforcement procedure. Exemptions to the normal competition rules are permitted in certain limited circumstances, such as the block exemptions given to certain industries or products. When defending a client, EPPA’s team will help to identify whether there are beneficial market effects of the cartel and how these effects should be communicated. Cartel cases are typically lengthy procedures involving Member State consultation committees. In helping to build the case, we identify the primary concerns of the various stakeholders in the procedure.