Our EC Competition team advises on all aspects of merger control, whether national or European, as well as in relation to mergers and acquisitions and joint ventures.  This involves interpretation of the UK Enterprise Act 2002 and the European Merger Control Regulation (MCR), and the team is experienced in advising on the applicability or otherwise of other European national merger control regimes. 

The combined effect of the Enterprise Act and MCR is that subject to various turnover thresholds and/or share of supply thresholds, various concentrations – be they mergers, joint ventures, acquisitions or other forms of acquisition of control – qualify for regulatory control by the Office of Fair Trading, or in some larger cases (judging by turnover only) the European Commission.  When notifiable to the European Commission, a concentration becomes exempt from the requirement to notify under European Union Member State regimes.

Parties to concentrations that qualify in three or more national merger control regimes within the European Union may apply to the European Commission for permission to notify further to the MCR and if accepted, this removes the need for notification to National Competition Authorities.

We provide corporate and investment clients with a "one stop shop" UK and EU merger control service which processes from assessing notification requirements through to actual notification, investigation and clearance as necessary, regardless of the size of the deal.  Members of the team have been involved in several notifications and investigations (including Phase II) before the Office of Fair Trading and the European Commission and other National Competition Authorities.