We act regularly in transactions involving corporate amalgamations or the creation of joint venture companies, whether listed or unlisted, applying for the approval of the relevant European and national competition authorities (in or outside the European Union).
Our specialists regularly act alongside the teams in charge of these transactions (Mergers & Acquisitions, Real Estate or Banking & Finance) in order to advise the companies from the early stages of structuring their operation, while taking into account the stakes and the strategic interests at hand (analysis of the notifiable nature, the consistency of the notification time schedule with that of the acquisition, identification upstream of any competition issues).
Gide assists its clients throughout the various stages of the notification process, including: informal talks with the competition authorities, pre-notification and formal notification, care and control of the transaction and, if required, organising and defending the interests of the notifying parties in the event of an appeal against the decision to the courts.
In particular, our teams are experienced in handling complex merger cases requiring innovative solutions in terms of market definition or commitment proposals. They have developed a perfect knowledge of the various analytical tests applied by the regulatory authorities, including the "creation or strengthening a dominant position" test, analysis of portfolio effects on related or complementary markets, the "substantial reduction in competition" test, the "unilateral effects" test, etc. As in antitrust cases, our teams regularly work with economists on issues such as market definition and “unilateral effects” tests.
Gide also organises and coordinates multi-notification procedures with the support of its international offices and established network of partner law firms.
Finally, our teams assist companies whose interests could be adversely affected by merger operations (responses to the analytical tests conducted by regulatory authorities, filing of submissions, appeals before the courts against competition authority clearance decisions).