Global merger control: key trends and strategic insights

Experts from across Herbert Smith Freehills' Global Competition, Regulation and Trade Teams will discuss the key trends that are currently emerging in the major merger control regimes, providing their strategic insights and tips for getting your deals through.

As a result of the current geopolitical climate and resulting economic uncertainties, governments are increasingly focusing on boosting domestic growth, fostering innovation and enhancing competitiveness, with some starting to call on the regulators to support them in this pursuit. It remains to be seen to what extent this will translate into a more permissive approach under merger control, but there are signs of greater flexibility and preparedness on the part of some regulators to engage constructively with businesses in the context of difficult transactions.

At the same time, in particular in light of a rapid increase in the number of AI partnerships with large digital platforms, there is a renewed focus by the regulators on killer acquisitions and how to avoid the perceived mistakes of under-enforcement in merger control during the earlier years of nascent digital markets.

We are also seeing a number of substantial changes to established merger control regimes and will focus on the best approach to get your deals cleared under these new rules.

The discussion will center around three key themes that capture these developing trends:

• Pro-business growth agendas and the impact on the regulatory environment
• Killer acquisitions back on the agenda
• Important changes to existing merger control regimes and how to get deals cleared under the new rules

Speakers: 

Veronica Roberts, UK Regional Head of Practice, Competition, Regulation and Trade

Veronica heads our UK Competition, Regulation and Trade practice. She also leads the firm’s Global Foreign Direct Investment (FDI) Group and is Co-Head of the Global Tech, Media and Telco Sector team. A solicitor advocate, Veronica specialises in EU and UK competition law, and has experience working in Brussels and London. She has over 25 years’ experience dealing effectively with high profile competition investigations and merger/FDI clearances in the UK, EU and worldwide.  She regularly advises on competition compliance (including setting up compliance programmes/audits) and strategic behavioural matters. Veronica advises clients in a wide range of sectors, and has extensive experience of working with the CMA, Ofcom, Ofgem, the ISU (and various Government departments) and the European Commission.

Kyriakos Fountoukakos, Managing Partner, Competition Regulation and Trade

Kyriakos is the managing partner of Competition, Regulation and Trade and is an EU competition law specialist with over two decades of experience in private practice as well as at public institutions. He was formerly a European Commission official at the Directorate General for Competition’s Merger Task Force and a Référendaire in the cabinet of the President of the General Court of the EU.

Kyriakos advises clients in sectors including in particular TMT, pharma, energy and mining, and consumer products on a range of areas including merger control, cartels, antitrust investigations and advice, distribution agreements, dominance, and competition litigation before the EU courts.  Kyriakos is active in speaking and writing about competition law. He is currently the co-chair of the International Bar Association's Antitrust Section and is a visiting lecturer at University College London.

Jonathan Cross, Partner

Jonathan's practice focuses on government investigations and regulatory matters, including US economic sanctions and export control issues, Exon-Florio foreign investment filing issues, and securities and antitrust litigation. Jonathan also has substantial experience in the field of complex commercial litigation, with a focus on transnational business disputes as well as project finance and infrastructure-related litigation. In addition to this work, Jonathan regularly contributes to Herbert Smith Freehills' sanctions blog, which covers the latest trends and developments in the sanctions space.

Marcel Nuys, Partner

Dr Marcel Nuys is a Partner in our Düsseldorf office and leads our German Competition practice. He advises on all aspects of European and German competition law. His practice focuses on complex merger control proceedings, cartels, abuse of dominance proceedings, compliance programmes, and antitrust damage proceedings as well as on questions in relation to the EU Foreign Subsidies Regulation. Marcel advises clients in a variety of industries, including automotive, technology, media and telecommunications, transportation and logistics, consumer goods and energy.

Henar Gonzalez, Partner

With over 20 years of experience, Henar has been involved in a significant number of matters related to the application of competition laws, both Spanish and European. Their practice mainly focuses on cartel investigations, dawn raids, abuse of dominant position, and major merger operations. Henar also has notable experience in preventive advice and compliance programs in the field of competition. They are recommended as a lawyer in several prestigious directories (Chambers & Partners, Legal 500, Best Lawyers, or Acritas), received the "40 Under 40" award by Iberian Lawyer, and have been recognized with the InspiraLaw Top 50 Women Lawyers award and distinguished as one of the best lawyers in Europe at the annual W@Competition conference in Brussels

Francesca Morra, Partner

Francesca specializes in energy, ESG, and competition law, providing comprehensive advice on contractual, regulatory, and competition matters. Her expertise includes guiding market operators through complex regulatory processes such as TPA exemption applications and import licenses.

With extensive experience in FDI and competition law, Francesca has handled merger control issues, horizontal and vertical agreements, abuse of dominant position cases, and consumer protection law. In the energy sector, she is well-versed in industry contracts, including EPC, drilling, gas sales, power purchase, storage, transportation, regasification agreements, and general terms of supply to final customers. She also has a strong background in project development and M&A.

A regular contributor to energy and competition law reviews, Francesca is a frequent speaker at national and international conferences and is recognized as a leading expert in energy and competition law in Italy.

Sergio Sorinas, Partner

Sergio Sorinas is head of the Competition department in Paris. Sergio advises clients in all areas of French and European Union competition law including merger control, cartels, abuses of a dominant position, distribution and cooperation agreements, competition law disputes and state aid. His experience covers a wide range of sectors including technology, media, telecom, infrastructure, energy, automotive, consumer products and financial institutions.

Sergio assists French and international groups before the European Commission and the French Competition Authority. He also acts for clients in competition litigation before French courts and European Union courts.

Adelaide Luke, Partner, Head of Competition, Asia

Adelaide specialises in multi-jurisdictional cartel investigations and merger control for complex corporate transactions. Adelaide has considerable experience in all areas of Hong Kong, EU and UK competition law, as well as of many of the competition regimes in Asia (particularly China). Her practice encompasses merger control, joint venture arrangements, regulatory investigations (concerning both horizontal and vertical pricing issues, as well as issues regarding the abuse of market power), and competition litigation.

Sarah Benbow, Partner

Sarah is an Australian competition law specialist. She works with clients to obtain merger control approvals in Australia and overseas, including for complex and litigated mergers. Sarah also advises on competition law investigations, enforcement action, compliance matters and as well as access matters for regulated assets. Sarah is ranked as a leading competition lawyer by Chambers and Partners Lawyers and was ranked by the Australian Financial Review as a Lawyer of the Year for Competition Law.

Kristien Geeurickx, Knowledge Counsel

Kristien is the Knowledge Counsel for the firm's Competition, Regulation and Trade practice. She focuses on UK and EU competition law, including merger control, compliance and cartel investigations and provides guidance on complex issues and on legal developments for the team and its clients