Competition, investment screening and subsidy control

Yes! All businesses must comply with competition law, whatever sector they operate in, and the competition authorities are interested in tackling anti-competitive behaviour wherever they uncover it. They have carried out investigations and enforcement activities in sectors as diverse as pharmaceuticals, building and construction, transport and fashion. We get to know you, your objectives, and the issues you’re facing to offer advice that is tailored to you and your sector.

The potential consequences for breaking competition law can be significant and severe for both the organisation(s) and individual(s) involved, including fines of up to 10% of annual group worldwide turnover, and individuals can also face personal sanctions. We can advise on highly sensitive internal investigations if you suspect there has been a breach of competition law within your business, including advice on making a leniency application to the authorities. We also have experience in advising on and attending unannounced inspections by the competition authorities (dawn raids) and on responding to competition investigations.

Good competition law policies, procedures, and compliance training programmes can help minimise the risk of non-compliance. We have extensive experience designing and delivering bespoke competition compliance policies and training programmes for all levels within an organisation. 

Prior to completion, a transaction can require regulatory clearance under the merger control and / or investment screening regimes of one or multiple jurisdictions. In some cases, clearance can be subject to conditions. The timelines for review under such regimes, some of which are mandatory, need to be factored into the deal timetable as early as possible to avoid surprises. We can help you navigate the most complex of UK and multi-jurisdictional merger reviews and investment screening notifications.

Subsidy control rules apply to “public authorities”. A public authority is a body or entity that exercises functions of a public nature, which is essentially any body or entity that is subject to judicial review. However, the recipient of a subsidy has a vested interest in ensuring that the rules are complied with because one of the sanctions for non-compliance is that the subsidy is clawed back from the recipient. We have experience of advising both public authorities and recipients of subsidies on compliance with subsidy control rules.