Antitrust & Competition
M&A and Joint Ventures
Oswell & Vahida represent merging parties or third parties in all aspects of EU merger control proceedings. In addition, we are often called upon to lead and co-ordinate the antitrust strategy and process in cases involving merger filings in national jurisdictions drawing upon our experience in working with the competition authorities in various countries throughout the world in order to provide a “seamless one-stop-shop” service to its clients. Our experience before the European Commission and other European Institutions extends to the representation of our clients before the European Courts, in appeals and other proceedings relating to merger clearance.
Antitrust Compliance and Defense
Competition law is a key element in developing business strategies and conduct, particularly in relation to concentrated markets or agreements with actual or potential competitors. The sanctions for overlooking the rules can be crushing, as illustrated by recent European Commission decisions.
We are regularly involved in structuring or reviewing business relationships (joint ventures, sub-contracting or distribution agreements for instance) and assessing their conformity with antitrust rules, with a view to preventing antitrust enforcement action. We also assist our clients in their efforts towards preventing antitrust infringements, including through the production and implementation of antitrust compliance programs and training.
Finally, we assist clients in the event of enforcement by EU or national authorities and have extensive experience in defending alleged cartel participants as well as negotiating leniency arrangements and fine reductions.
Merger Arbitrage - Deal Reports
Antitrust review is a significant risk factor in major M&A transactions. Extended regulatory procedures, uncertain outcomes and heavy conditions for clearance can strongly affect return on merger arbitrage and event-driven investments. Our expert antitrust analysis, drawing from decades of practical involvement in European merger review work, helps our clients overcome the biased, speculative or simply incorrect reports and industry views commonly available. We provide regularly expert support to major hedge funds and other event-driven investors from the global financial community.
As experienced practitioners, we can contribute and add colour to our clients’ risk assessment on critical issues.