Competition – Merger control

We assist our clients throughout the merger control procedures, advise them on how to ensure that their business is in compliance with competition law and we defend their interests before the relevant competition authorities.

Competition law is a fundamental consideration that concerns all market players, regardless of their size, and can impact businesses at different stages of their development. Whether it involves mergers and acquisitions transactions under merger law, or business activity regulated by anti-competitive practices, non-compliance with the rules can lead to high penalties, as competition authorities do not hesitate to impose heavy fines. Victims of anti-competitive practices can also claim damages for the harm suffered.

We help prevent problems related to competition law by providing training on competition issues specific to our clients' sectors.

Working closely with lawyers in the firm's M&A practice, the Competition law team is responsible for assisting and advising companies from the outset, in particular with respect to the exchanges of information with the target, setting up a clean-room and analyzing the need to notify the transaction to the competition authorities. We notify transactions to the French authority. When the transaction is international, we use our network of referral firms abroad who take charge of the notification procedure before the relevant authority in their jurisdiction.

We also assist our clients when they are involved in a competition investigation, either in France or at the European level, and defend their interests when they are facing legal proceedings before the competition authority.

Over the course of providing ongoing advice to our clients, whether drafting contracts or conducting acquisition audits, we also ensure that competition law issues are identified and resolved beforehand.

Finally, we defend our clients before the commercial courts, particularly when they are subjected to unfair competition, slander or parasitic acts.

Merger Control
  • Analysis to determine the need to notify the merger
  • Confidential review with the competition authority in order to prepare the transaction.
  • Putting in place a clean team
  • Merger notification before the relevant competition authority
Cartels / Abuse of a dominant position
  • Litigation before the competition authority (from defense to notifications of claims and filing charges)
  • Assistance during competition investigations
  • Negotiated procedures (undertakings, leniency or settlements)
    Actions for damages
  • Competition audits, setting up compliance programs
  • Restrictive practices: resale at loss, fixed prices, invoicing, payment deadlines, significant inequalities, sudden termination of commercial relations (see Distribution)
  • Unfair competition, litigation before commercial courts
  • Assistance to a professional vehicle manufacturer in the acquisition of a company placed in receivership
  • Assistance to a group of listed companies in the acquisition of a manufacturer of mobile phone accessories
  • Assistance to an industrial company challenging an acquisition transaction in the biofuels sector
  • Assistance to resellers of a franchisee network in price fixing agreement procedure.
  • Assistance to a trade union in price fixing agreement procedure
  • Assistance to a company in a market allocation procedure in the public parks sector
  • Assistance to a company in a public procurement procedure
  • Filed a complaint on the grounds of a cartel and market exclusion before the competition authority