Monitoring Trustee

Audit and Assurance

When M&A transactions giving rise to potential competition concerns are carried out, the European Anti-Trust Authorities, including the European Commission itself, may require a Monitoring trustee to oversee compliance with the Authorities' decisions, compliance with certain established criteria (Remedies), and the required commitments (the Monitoring Trustee Commitments)

MONITORING TRUSTEE

With RSM's global presence, the Monitoring Trustee RSM team has developed significant expertise in numerous countries, including Italy, the United Kingdom, the United States, 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.

RSM MONITORING TRUSTEE SERVICES TO AVOID COMPETITION PROBLEMS

We assist the parties involved to implement commitments (monitoring trustee commitments) and avoid potential competition problems by offering the following services:

thorough knowledge of regulatory requirements
practical experience on how to implement monitoring trustee committments and on verifying compliance with the criteria
carve-out even in the case of fully integrated companies
feasible separation and isolation measures, including verification of firewall and IT separation
agreements between sellers and buyers (Sale and Purchase agreement, SPA)

Sectors in which the Monitoring Trustee Services team has acted include: pharmaceuticals, chemicals, telecommunications, healthcare, media, business services, software, financial services, branded consumer products, heavy industrial products, engineering, aerospace and defense.