INTERNATIONAL: GREAT BRITAIN - MERGER CONTROL - TRUSTEES

UK: Role of trustees in the merger control regime

Competition agencies worldwide appoint monitoring trustees (MTs) when competition concerns arise from a merger. In the UK, it also is quite common to appoint a MT during the CMA’s review process to avoid gun jumping or enable (cross-border) integration. This article compares the role of the MT in the UK with other jurisdictions and aims to provide the reader with insight and food for thought about the way some of the challenges during the merger review process could be dealt with.

1. Competition agencies worldwide can appoint a monitoring trustee (“MT”) when competition concerns, either horizontal or vertical, arise from a merger. A number of Phase 1 and Phase 2 mergers reviewed by the European Commission (“EC”) and the UK Competition and Markets Authority Commission (“CMA”) [1] respectively are cleared with remedies and in these instances usually a MT is appointed to oversee the parties’ compliance with the remedies. 2. Many of the typical problems in the implementation of the remedies require specialised business knowledge and therefore the appointment of a MT allows competition agencies to concentrate their resources more on active cases. There is, however, more than that: competition agencies cannot simply rely on market participants to make sure that remedies

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Nasoul Gopal, Michel van Zundert, UK: Role of trustees in the merger control regime, September 2017, Concurrences Review N° 3-2017, Art. N° 84427, www.concurrences.com

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