Investigations of anticompetitive conduct and abuse of market power can often take several years, frequently resulting in behavioural remedies such as supply commitments, measures to increase price transparency, access commitments and non-discrimination obligations. In these circumstances, structural remedies such as divestitures and the break-up of a company are rare.
At EU level such antitrust remedies are as a matter of principle overseen by a monitoring trustee who has the necessary experience and expertise to tailor a package of commitments, specific to the circumstances of the industry, ensuring effective, fair and efficient implementation.
As monitoring trustee in antitrust cases, Mazars ensures that commitments are complied with and fulfil the interests of both the authority and the company involved. Non-compliance and breach of a commitment can have serious consequences and carry severe penalties.
The team at Mazars brings together the required balance of professional monitoring expertise and industry experience to help ensure that an appropriate remedies package is developed. Our experience and sector knowledge is available to support all our monitoring trustee mandates.
In addition, should disputes with a third party arise, Mazars can act as a mediator to settle claims of non-compliance or questions regarding commercial implications of a specific commitment. As trained mediators with practical experience, Mazars can, in many cases, prevent interventions by an authority or the courts.