Competition remedies become necessary where a competition authority has, or is likely to, raise concerns regarding the implications of a transaction. In order to obtain clearance, commitments and remedies become critical and take centre stage in the deal preparations and negotiations.
As remedies advisers, Mazars can help develop an appropriate commitments package, increasing the chances of a successful deal and to avoid the possibility of the M&A transaction collapsing.
We regularly act as monitoring trustees in merger control cases to oversee the implementation of structural and behavioural commitments. In this role we monitor the sale of a company or a set of assets to fulfil a divestiture commitment. During the hold-separate period, we aim to ensure that the divestment business remains viable and competitive up to the point of sale.
The Monitoring Trustee team regularly report to the competition authority on compliance with the commitments. We work closely with a firm, raising awareness of any risks of non-compliance and recommend actions to ensure commitments are fully met.
This approach ensures compliance and the approval of a divestment to a suitable purchaser by the authorities.