2024 Day 4: Merger Control & FDIThursday, 8 August 2024

• Objectives and evolution of EU & UK merger control
• Who, when and what you need to notify in global mergers – review of key jurisdictions
• Procedure and process at DG Competition
• Remedies
• Review and appeal of merger decisions
• New trends in mergers: vertical mergers, conglomerate effects, innovation and mergers: what is it all about?

• Impetus for expansions of regimes globally
• National Security v broader National Interest considerations
• EU FDI Screening Regulation and interaction with national laws
• UK NS&I Act
• Interplay with EUMR and other merger control laws
• Practical implications for investors and corporates

• What is the Commission looking for?
• Unilateral and coordinated effects
• Market definition and market shares
• Very brief introduction to vertical mergers, conglomerate effects, innovation, digital ecosystems

• Investigations into your merger
• Using evidence to support your case
• Dealing with issues of privilege
• Deal structuring
• Pre-notification submissions on jurisdiction
• Statement of objections
• Fines and other punitive measures
• How to get your competitor’s merger blocked – timing, tactics and content
• Multijurisdictional mergers
• Implications of Brexit on merger control

An interactive session exploring key elements of merger control, bringing in aspects of both economics and law, and picking up on points from the previous sessions to illustrate practical problems and solutions.

• Who investigates (EU: Commission/NCA; UK: CMA/sectoral regulator)?
• Opening an investigation (ex oficio, whistleblowing, leniency)
• Investigatory powers (including dawn raids, information requests)
• Rights of defence
• Possible outcomes (infringement, commitments, settlement, fines)
• Appeals (EU: GC; UK: CAT)
• Interim measures
• Criminal cartel offence/director disqualification
• Managing the risk of follow-on claims and leniency applications