antitrust and competition merger control - norton … in the us$106bn sab/ab inbev merger. norton...
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Antitrust and competition merger controlPart of the global regulation and investigations group
Financial institutionsEnergyInfrastructure, mining and commoditiesTransportTechnology and innovationLife sciences and healthcare
Antitrust and competitionOur global merger control practice
We are a global law firm – and, in antitrust and competition law, global coverage matters. With over 100 national and supranational authorities enforcing merger control regimes with widely varying requirements and timetables, a centralised coordinated approach to identifying and obtaining antitrust approvals is increasingly important and challenging.
With more than 140 experienced antitrust lawyers in 50 offices across North America, Latin America, Europe, Africa, Australia and Asia, we can support you through the entire merger control process, combining our extensive global experience with our local knowledge of markets, laws, regulators and enforcement practices. Beyond our global offices, our network is complemented by strong relationships with leading local law firms to provide complete coverage across the merger control regimes of all major antitrust jurisdictions.
We are ranked in the top twenty of the Global Competition Review 2016 (GCR) Elite antitrust and competition practices worldwide. Our award-winning team includes a number of lawyers who have worked within the world’s leading antitrust and competition regulators, including the European Commission, the US Department of Justice, the US Federal Trade Commission and the UK competition authorities.
Recognised worldwide for our industry knowledge across the key sectors of financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare, our global network understands the strategic issues affecting our clients’ businesses.
Complete merger control supportIn recent years, worldwide antitrust authorities have increased cross-border regulatory enforcement against mergers, acquisitions and joint ventures in a broad range of industries and businesses. Retaining experienced competition counsel is crucial to completing your company’s transaction successfully. We provide services at all stages of the merger control process:
• Analysing the likely antitrust impact and risk of a proposed transaction.
• Efficient, centralised coordination of global and regional merger control filings and approvals.
• Compliance issues in relation to the transaction structure, including joint ventures and strategic alliances.
• Handling in-depth responses to merger control investigations worldwide.
• Obtaining multijurisdictional clearances and negotiating remedies.
Merger control regimes
MandatoryVoluntaryRegulated sectors onlyNo merger controlCOMESA StatesCOMESA States with no merger control
AmsterdamAthensBrusselsFrankfurtHamburgLondon
MilanMoscowMunichParisPiraeusWarsaw
Europe
BangkokBeijingHong KongJakarta*ShanghaiSingaporeTokyo
Asia
AustinDallasDenverHoustonLos AngelesMinneapolisNew YorkPittsburgh- Southpointe San AntonioSan FranciscoSt LouisWashington DC
USA
Bujumbura**Cape TownCasablancaDar es SalaamDurbanHarare**JohannesburgKampala**
AfricaBrisbaneMelbournePerthSydney
AustraliaAbu DhabiBahrainDubaiRiyadh*
Middle East
Almaty
*associate office**alliance
Kazakhstan
CalgaryMontréalOttawa
QuébecTorontoVancouver
Canada
BogotáCaracasRio de Janeiro
Latin America
International merger regimes and our global coverage
Top 10 global legal practice for merger control Global Competition Review Elite 2016
02 Norton Rose Fulbright – November 2016
Antitrust and competition merger control
Track record
Financial institutionsWe advised a consortium of investment banks and major funds, led by Macquarie Bank, in their successful A$2bn bid for Crown Castle Australia, being Australia’s largest owner of mobile telecoms towers. The matter was awarded “Telecoms Infrastructure Deal of the Year” in the Asia-Pacific and was a finalist for “Global Telecoms Infrastructure Deal of the Year”.
We advised Groep N.V. on the C$3.1bn sale of ING Direct Canada to Scotiabank.
We counselled our client, a US financial services mutual organization and provider of insurance, on the Hart-Scott-Rodino aspects of a proposed transaction.
EnergyWe advised on the competition aspects of a US$25bn LNG joint venture between a number of major international oil and gas companies, including multi-jurisdictional merger control analysis and filings in China and Germany.
We advised ITOCHU Corporation in relation to its investment in a petrochemical complex in Malaysia with Petronas, including filings in China and Korea.
We advised BP on its acquisition of Statoil Fuel and Retail Aviation, the largest aviation fuel supplier in Scandinavia, including successfully negotiating a commitments package.
We advised BP on competition and merger control issues in relation to the acquisition from Rosneft of a stake in Russian Company Taas-Yuryakh Neftegazodobycha, creating a new upstream oil and gas joint ventures in East Siberia. This transaction required notification in Germany, China, Korea and Russia.
We advised Pacific Exploration and Production Corp. on its C$5bn restructuring including the related multi-jurisdictional merger analysis.
We advised GE/Alstom Group in obtaining competition approvals in Australia as part of a complex, global US$20bn deal involving a complex series of asset swaps and joint ventures between Alstom and GE.
Infrastructure, mining and commoditiesWe advised Holcim Ltd in Morocco in connection with its merger with Lafarge SA.
We advised Optorg (ONA-SNI Group) in relation to its merger with the Belgian group, SDA/Demimpex, which involved filings in ten African jurisdictions.
We represented SNC Lavalin Group Inc in its US$2.3bn acquisition of Kentz Corporation Limited.
TransportWe advised Delta Air Lines on global merger control and other regulatory issues in the EU, China and South Africa in respect of its joint venture with Virgin Atlantic.
We advised Bombardier in relation to C$1.5bn sale of 30% of the Bombardier Transportation business to CDPQ including obtaining clearance in seven jurisdictions.
We advised First Union Rail Corporation in its multi-billion acquisition of most of the railcar and locomotive leasing business of GE Railcar Services.
Life sciences and healthcareWe advised Life Technologies Corporation on merger control issues in Australia, Asia, Canada, the EU and South Africa arising from the US$13.6bn acquisition by Thermo Fisher Scientific.
We represented Baylor Scott & White Holdings in its acquisition of control of four hospitals through the formation of a joint venture.
We advised GSK in Australia in relation to a complex global US$33bn deal involving an innovative tripartite asset swap and related joint venture between GSK and Novartis. The matter was awarded “Global Matter of the Year” by Global Competition Review.
Technology and innovationWe represented Reckitt Benckiser in its cross-border acquisition of a brand of a global pharmaceuticals and consumer healthcare products company based in the United States, including the applicable merger control filings in the US and six other jurisdictions throughout the world.
We represented Rona, Inc. in its C$3.2bn sale to competitor Lowe’s Companies Inc.
We advised WPP on the merger of its Australian and New Zealand businesses with STW Communications Group and an increase in its shareholding to 61.5% of STW.
We advised Rofin-Sinar, a leading manufacturer of laser sources and systems, on EU antitrust aspects of its acquisition by Coherent, which led to a divestiture of Rofin-Sinar’s low-power CO2 laser source and systems businesses.
We advised General Cables in relation to the multi-jurisdictional African divestiture of ZAMFEA which required approval in South Africa, Kenya and Botswana.
We acted for Distell Limited to assist and add submissions to the Competition Tribunal regarding the conditions imposed in South Africa in the US$106bn SAB/AB Inbev merger.
Norton Rose Fulbright – November 2016 03
Antitrust and competition merger control
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Norton Rose FulbrightNorton Rose Fulbright is a global law firm. We provide the world’s preeminent corporations and financial institutions with a full business law service. We have 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.
Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.
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Regulation and investigationsAntitrust and competition merger control contacts
EuropeMartin ColemanGlobal head of antitrust and competitionTel +44 20 7444 [email protected]
Ian GilesPartner, LondonTel +44 20 7444 [email protected]
Marta Giner AsinsPartner, ParisTel +33 1 56 59 52 [email protected]
Maxim KleinePartner, HamburgTel +49 40 970799 [email protected]
Jay ModrallPartner, BrusselsTel +32 2 237 61 [email protected]
Mark TrickerPartner, LondonTel +44 20 7444 [email protected]
USDan WellingtonPartner, Washington DCTel +1 202 662 [email protected]
CanadaKevin AckhurstHead of antitrust and competition Tel +1 416 216 [email protected]
Latin AmericaLuis Ernesto AnduezaPartner, CaracasTel +58 212 276 [email protected]
AsiaMarc WahaPartner, Hong KongTel +852 3405 [email protected]
AustraliaNick McHughPartner, SydneyTel +61 2 9330 [email protected]
AfricaMarianne WagenerDirector, JohannesburgTel +27 11 685 [email protected]
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