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Acting at EU and/or member state level, BEE assists clients in coping with anti-trust, state aid and merger control rules.
The latter are perceived increasingly as being synonymous with complexity, uncertainty and lack of transparency. As recent cases, such as GE/Honeywell, Tetra-Laval/Sidel, Schneider/Legrand, SE-Banken/SparBanken, or Volvo/Scania, demonstrate, even the largest and, supposedly, best-organised corporations can experience failure in their dealings with EU or national competition authorities.
BEE is, however, in an ideal position to help clients minimise their regulatory risk and optimise their chances of success in securing clearance of their merger and acquisition transactions, within the minimum amount of time.
BEE believes that early intervention during the initial planning stages of a transaction is crucial to minimising risk and maximising opportunity. The BEE team can provide a preliminary, though robust opinion on the likelihood and conditions of success in the regulatory clearance process of a planned transaction. That opinion is based on state-of-the-art legal, economic, political and strategic anticipation perspectives and methodologies. These perspectives are developed using confident, high level access to competition regulators and the team's own longstanding experience of the EU decision making process. Working in co-operation with its clients' other in-house or external resources, BEE also acts as a personal adviser to senior management and assists in the actual merger control procedure. BEE's main role at that stage is to facilitate a constructive, two-way communication process between its client and competition regulators and thus, to ensure optimal presentation and resolution of the case.
Avoidance of the refund of Euro 200 million by a global engineering group in a state aid case
Savings of some Euro 20 million per year by a media group through a successful challenge of state aid at EU and member state level
A feed and food group competing with a BEE client was banned by a member state's regulator to complete an acquisition which was a crucial part of its strategy
Obtaining satisfactory structural and behavioural remedies in exchange for EU clearance of the acquisition of a client's monopoly supplier of an essential service
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