This work covers competition-law scrutiny of mergers between companies at the same level of trade, where the aim is to prevent the creation or enhancement of market power. A solicitor in this area advises on the likely competition effects of a proposed merger, prepares material for submission to the competition regulator, and negotiates remedies if a transaction could lessen competition. The work also involves understanding the guidance and thresholds used by the regulator to decide whether to scrutinise or approve a deal.
What a solicitor handles in these matters
Mergers are assessed for potential adverse effects on competition, such as reduced choice or price increases. The solicitor explains what definitions of relevant markets and concentration mean in practice, crafts evidence to demonstrate effects, and navigates possible remedies or undertakings to address concerns. They manage interactions with the Competition and Markets Authority, and may coordinate considerations in light of subsequent enforcement or litigation.
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