Merger control is paramount in all merger and acquisition projects. Gide assists companies in anticipating and planning this stage, in notifying the operations to the competition authorities and in optimising the potential commitments the latter may require so that they best meet the clients’ interests.
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).
Solid experience in contentious matters, often advising clients on litigation and investigations before the French Competition Authority, national courts and European institutions, including private enforcement actions. Covers cartels, abuse of dominant position and merger control mandates, as well as distribution issues. Solid client base includes household names spanning a range of industry sectors such as transport, cosmetics and retail. Clients enthuse: 'Gide has an impressive team with top lawyers in each field: antitrust, merger control and state aid, both in Paris and Brussels.' Another impressed source highlights the firm's business-oriented approach to competition matters, praising in particular its 'pragmatism and responsiveness.'
Chambers Europe 2019
Gide Loyrette Nouel A.A.R.P.I's team is 'well connected, experienced and versatile when it comes to advising on a broad range of EU competition law issues'. It is involved in a number of matters that are at the top of the European agenda.
Legal 500 EMEA 2019