When M&A transactions giving rise to potential competition concerns are undertaken, the European Anti-Trust Authorities, including the European Commission, may request a Monitoring Trustee to oversee compliance with the Authorities' decisions, the fulfilment of Remedies and the required Commitments.
Due to RSM's global presence, our Monitoring Trustee team has developed significant expertise in a number of countries, including Italy, the UK, the US, Germany, France, Spain, Portugal, Belgium, Austria, Sweden, the Netherlands, Poland, Belgium, Denmark and Switzerland. We also have extensive monitoring experience in other jurisdictions, including the Middle East, Turkey, Pakistan, Brazil and Australia.
We assist the parties involved in implementing the Commitments by offering the following services:
- in-depth knowledge of regulatory requirements
- practical experience on how to implement the Commitments and how to verify compliance with the criteria
- carve-out even in the case of fully integrated companies
- feasible separation and isolation measures, including verification of firewalls and IT separation
- agreements between sellers and buyers (Sale & Purchase agreement, SPA)
Sectors in which we have acted include: pharmaceuticals, chemicals, telecommunications, healthcare, media, business services, software, financial services, branded consumer products, heavy industrial products, engineering, aerospace and defence.