To gain market share, improve their reputation or develop new activities, companies can be led to carry out external growth operations (acquisition, merging…) or to create ventures.
These projects, if they exceed certain sales or market share thresholds, are likely to be subjected to the Merger Control, to prevent the risks of impediment to competition on the relevant markets (creation of monopoly, duopoly, dominant position, abuse of dominant position…):
- Analysis of the controllability of the transaction and, if so, before which jurisdictions. In addition to the analysis led about the competition authority or the EU commission, Magenta can mobilize its network of local correspondents to determine if the operation must be notified before a foreign competition authority.
- Advice to clients in the negotiation phase of corporate documents:
- Writing of the suspensive clause making completion of the transaction conditional on obtaining the authorization of the competition authorities;
- Verification of clauses applicable to the interim period under merger law;
- Control of the strategic information exchange before obtaining the Competition Authority’s decision (anonymizing information, data-room set up, non-disclosure agreements, “clean team” agreements…).
If necessary, preparation of a notification file, submission, and follow-up of the said file until the decision of the Competition Authority involved is pronounced:
- Information gathering (while avoiding the exchange of sensitive information between the different parties involved);
- Analysis of the effects of the transaction on the market and the competition;
- Relation with the competition authorities (pre-notification, submission of the notification file, answering the questions, and asking for information);
- If any serious competition-related question is asked, identification of the commitments that will likely be proposed.
If necessary, Magenta can contact an economics firm to support the proposed market delimitation.
Excellent en Concurrence et Distribution – Contrôle des concentrations 2023
Frequently represents clients before the French Competition Authority and the commercial courts. Has experience of handling cartel investigations and abuse of dominance matters and also assists with distribution law. Recognised for particular know-how in the telecommunications sector with further experience in the pharmaceuticals industry. Also active in French Polynesia.
Magenta is a French boutique dedicated to competition, regulatory and public law issues. The group notably manages key abuse of dominant position and anticompetitive antitrust cases in Polynesia and other French overseas territories in addition to handling high-profile merger control issues, often for telecoms clients, but also for clients from other sectors. Leading mass retailer Carrefour has entrusted highly sensitive matters in the distribution sector to the team.
Sylvain Justier is praised for his responsiveness, with interviewees deeming him to be “an expert in his field.”He focuses on domestic contentious proceedings and private enforcement claims with additional dexterity in abuse of dominance matters and cartel investigations.
Magenta combines its expertise in the field of competition and antitrust with an in-depth knowledge of regulatory issues to advise an impressive list of clients in the heavily regulated industry sectors such as energy, transport and telecoms. Also notable is Justier’s work for Deutsche Bahn pertaining to two proceedings: a public enforcement claim filed by the FCA relating to alleged abuse of dominant position in the freight railway market, and a private enforcement action brought against SNCF after it was found guilty by the FCA of having impeded the growth of the French market. Other key clients include Outremer Telecom, SFR and Adista.
Sylvain Justier focuses on contentious competition mandates, often handling antitrust and private enforcement actions before the French Competition Authority and commercial courts. He comes particularly recommended for his expertise in the telecoms sector. He is described as a ‘very energic guy’ who ‘responsiveness is super’ and who ‘takes the initiative’.
Excellent en Concurrence et Distribution – Contrôle des concentrations 2018