Competition and antitrust enforcement is tightening around the world and authorities are developing 'novel theories of harm'. We can help you navigate complex competition and antitrust issues without losing sight of your goals. Our approach blends an expansive, global view with locally relevant expertise and draws upon a network of competition and antitrust lawyers, economists, valuation specialists, forensic consultants and business advisors. Together, we look at your whole business and explore more opportunities for success.
Complex commercial transactions require expert coordination, often across multiple countries and regulatory jurisdictions. We know how to navigate the complexity. The scale and experience of our global, connected network can guide you through the entire merger control process, from multi-jurisdictional merger filing analysis to economic assessment of competition and preparation and coordination of global merger filings and clearances. We support companies growing through mergers, joint ventures and restructuring efforts by working beyond borders to engage with competition authorities and remedy negotiations.
We support clients that are facing investigations by competition and antitrust authorities and other regulatory agencies (for example, on topics such as consumer protection, cartel behaviour etc). We’re by your side, providing practical competition analysis, strategic advice and expert guidance throughout the investigation process. Our legal specialists include former members of competition authorities who are experienced in investigation procedures and negotiations. Together, we can achieve effective outcomes for your business.
Our Investigation support in practice:
We recently advised a global online travel agent platform (OTA) in relation to an investigation by the Hong Kong Competition Commission into certain contractual terms in agreements between OTAs and accommodations (e.g. hotels) in Hong Kong SAR. We provided strategic advice on all stages of the investigation process, from initial approach, to handling information requests, assessing competition risks, negotiating with Commission case handlers, settling commitments with the Commission and advising on implementation. Details regarding the commitments can be found hereOpens in a new window.
We help clients protect their business with effective competition compliance policies, manuals and guidelines.
Our team can audit your commercial agreements, pricing policies, non-compete arrangements and business models to assess your overall compliance risk – and see challenges before they arise. We train clients and senior management teams on competition compliance and prepare them for investigations through coaching and dawn raid trainings.
In recent years, State aid law has become an increasingly important aspect of legal orders worldwide. Under certain circumstances, State aid may distort fair competition and is prohibited in some jurisdictions. As an illustration, prohibitions have now been incorporated within the EU, US and WTO jurisdictions. State aid laws can have far-reaching consequences on governments and companies that operate in the interspace between the public and private domain. This impact has become even more apparent in the context of COVID-19, as State aid programs have been expanded to mitigate the economic effects of the pandemic.
Legal Matters Consul's globally connected State aid teams help our clients navigate this complexity on a daily basis. With in-depth knowledge and experience across a wide spectrum of State aid law issues, we assist both public and private organizations with State Aid law compliance, including in the context of public-private collaboration, application of grants, designing State aid related (public) policies and maintaining contacts with competent public authorities.
Competition laws are increasingly complex and rapidly changing. Our global network is ready to support you on emerging issues such as:
“With over 4,000 legal professionals, technologists and consultants in 100+ countries, our global legal network is one of the largest in the world. Our practitioners provide the local support that you need, with the benefit of a connected global network.”
The European Commission has approved on June 1st the new competition rules applicable to cooperation agreements among competitors. These rules describe the types of collaboration between competitors that can be considered competition law compliant, as they generate efficiencies and advantages for consumers
The European Union (EU) State aid rules provide for limitations and notification obligations in relation to subsidies that the public administrations of EU Member States intend to grant to undertakings located in the EU.
Martyn Huckerby
Competition Law & Antitrust Leader, Global Legal Network, Tiang & Partners, Hong Kong
Tel: +852 2833 4918
European Competition Law & Antitrust Leader, Global Legal Network, PricewaterhouseCoopers Legal AG Rechtsanwaltsgesellschaft, Germany
Tel: +49 175 592 4587
