Mergers and acquisitions are often used as business steps for external development of companies. However, such steps may result in excessive concentration of companies in the market and as such must be supervised by competition agency.

In the merger control proceedings in the Office of Competition and Consumer Protection or the European Commission defining of the market position of the parties and the effects of merger are key issues. Effects of concentration transactions are assessed on the basis of future benefits for the parties to the transaction (synergy effects and possibility of market power strengthening) and for other market participants (competitors, suppliers, consumers).

COMPER has been engaged in preparation of notification questionnaire for various companies operating on such markets as petrochemical industry, electronic media, press, brewing industry, building materials production, banking and financial services and many others. Duration of merger control procedures in the Office of Competition and Consumer Protection or the European Commission depends mainly on proper preparation of notification questionnaire which is guaranteed by professional knowledge and vast experience of COMPER’s employees.

We often recommend to our Clients the so called “pre-transaction” audit, that concludes the potential threats related to the planned transaction of concentration. The report may concern the notification only or may also describe the market effects aroused by the transaction.