Mergers Intelligence and Hold Separate Orders

In the final episode of the series we speak with Kay Jebelli, Competition & Regulatory Counsel to the Computer & Communications Industry Association in Brussels, to discuss how the UK Competition and Markets Authority (CMA) uses its powers to address concerns with so-called “killer acquisitions”, in particular in the technology sector. Big tech is a hot topic in the antitrust world, not least for the CMA, which has set up its own digital markets unit, its only sector-specialist division. With big tech, the wide-reaching nature of the CMA’s share of supply test and merger intelligence function – which we have discussed in previous episodes - come into their own and allow the authority to intervene in tech mergers around the world because of their potential effects on the UK market. Kay, a veteran of such cases on the side of the tech companies, discusses with Chloe Cumber the CMA’s approach, and how merging parties have reacted.  See omnystudio.com/listener for privacy information.

In this episode, partner and head of the UK competition team, Sarah Smith, speaks with Paul Reeve from economists RBB about what happens when you make a merger notification to the CMA. Paul and Sarah talk through a hypothetical transaction in the retail sector in order to demonstrate how the CMA look at what products compete with each other, the area in which they compete and how a merger’s effect on competition is assessed.See omnystudio.com/listener for privacy information.

Richard Jenkinson speaks to Frankfurt based competition partner, Semin O, to compare the UK system with the German system of merger control. The German system is a useful basis for comparison given that it is one which listeners are more likely to find familiar. Not only is it more typical of merger control systems worldwide, but also the relatively low thresholds mean that there are nearly 20 times more merger filings made in Germany each year than in the UK. There are also many ways in which the two systems are alike.See omnystudio.com/listener for privacy information.

In this episode, we take a step back and talk to corporate lawyers Karin Kirschner and Chris Arnold about the impact of UK merger control on the wider corporate transactions. London-based competition partner, Alexandra Kamerling, explores with our guests the various ways in which merger control concerns are reflected in private and public deals.See omnystudio.com/listener for privacy information.

In episode 2 of Navigating UK Merger Control, the team speak with Eleni Gouliou, a Director of Mergers at the CMA, to discuss the CMA's merger intelligence function and its so-called hold separate orders, also known as initial enforcement orders. They discuss when a merger is of interest to the CMA, how the merger intelligence function gathers information, and the briefing paper system which allows merging parties to get an informal steer on the CMA's view of their transaction without the need for a full filing. The CMA’s unique initial enforcement order system, where the CMA can order that parties to completed deals are held separate pending review, is also covered.See omnystudio.com/listener for privacy information.

Kicking off DLA Piper’s new podcast series, London based competition partner, Matt Evans, speaks to Joel Bamford from Fingleton. Joel previously held a senior role at the Competition and Markets Authority (CMA). They discuss what merger control is and why should listeners be interested, touching on the CMA’s role, when to notify and the decision-making process, as well as the impact of Brexit, merger control as a policy tool, and where the UK has broken ranks with other authorities.See omnystudio.com/listener for privacy information.

Welcome to Navigating UK Merger Control, a podcast from DLA Piper. This podcast is aimed at those encountering the UK merger regime for the first time or becoming reacquainted with it. The UK regime has several key differences to the US and European regimes which listeners may find surprising. Across this series, we'll be joined by experts from DLA Piper, as well as some special guests, who will help us to unpick the UK merger control system.See omnystudio.com/listener for privacy information.