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).
Offers specialist knowledge of competition issues, such as merger control, cartels, abuse of dominant position, private enforcement and vertical restraints. Lawyers also have economic skills highly valuable in the assessment of competition law matters. Links with the firm's international network allow the team to take a strongly integrated approach to its work across a range of industry sectors. Interviewees emphasise the team's capacity to think outside the box, and comment: 'Gide's competition team stands out from the other firms with its potential for innovation and its capacity to be creative and to provide tailor-made solutions for each legal issue.' They add: 'It also should be underlined that all the team members are very responsive; even at very short notice, they always find a solution to bring you a smart and pragmatic answer.'
Chambers Europe 2017
Gide Loyrette Nouel is representing many blue-chip French corporations facing domestic antitrust proceedings. The ‘technical and available’ team is involved in a number of cartel and other anti-competitive practice cases. It represented BPCE before the Court of Appeal in the cheque image clearing system case. The practice also handles distribution, private enforcement and merger control work. The team is led by Joëlle Salzmann, Emmanuel Reille, Dimitri Dimitrov and Antoine Choffel, ‘a smart lawyer who has in-depth theoretical and practical knowledge’.
Gide’s team ‘thinks outside the box’ across the competition law spectrum. Laurent Godfroid recently acted for Thales as a third party in the merger notification concerning the acquisition of Arianespace by Safran and Airbus. Benoît Le Bret is representing WESTBahn as the complainant in a case involving alleged Article 101 and 102 (cartel and abuse of dominance) breaches by ÖBB, and also as the complainant in a state aid matter involving the same railway operator. Stéphane Hautbourg and Olivier Prost are other names to note.
Legal 500 EMEA 2017