Merger control
Our expertise
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.
Our work
Assistance to CARAC with the acquisition of Ageas France.
Assistance to Caisse des Dépôts et Consignation, to Région Grand Est and groupe BPCE with the creation of a joint venture dedicated to the acquisition and the management of property assets in the tourism sector.
Assistance to the Stellantis group with the acquisition of several concession.
Assistance to Pléiade Investissement with the acquisition of the groupe Generix’s joint control alongside Montefiore.
Assistance to the Compagnie du Lit group in the merging with France Literie group.
Assistance to Spie ICS company with the takeover of Infidis group (digital services company).
Assistance to Siparex investment fund in its takeover of Destia (a leading player in the personal services sector).
Assistance to Generali group with the creation of a joint venture in the personal protection sector, with the mutual insurance operator Klesia.
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