Antitrust/Competition

Merger control is paramount in merger and acquisition projects. We assist companies in anticipating and planning this stage, notifying competition authorities of operations and optimising the required commitments to ensure that they are in our clients’ interests.

We work with our clients from analysis of the transaction in France, at Community and international levels. We help them with the negotiation of contractual documents and all stages of the notification process: informal talks with the competition authorities, pre-notification and formal notification, review and follow-up.

We manage complex transactions requiring commitments or a Phase II review by the authorities. We also support clients whose cases are referred to the French Minister of the Economy. In addition, we represent and defend the interests of the notifying parties in the event of an appeal against the decision to the courts.

The rules of economic law create a complex legal environment. Regulators and courts monitor compliance with these rules and are imposing increasingly strict penalties for breaches. With recognised expertise in antitrust matters (agreements, cartels, abuse of dominant position), we help companies to apply strategies which comply with competition rules and assist them in the event of a dispute, whether as the claimant or the defendant. Our teams also have significant experience in alternative dispute resolution methods, including leniency, no-contest pleas and settlements.

We assist companies in all investigations into breaches of competition rules, whether instigated by the European Commission, the Competition Authority, the French Directorate-General for Competition, Consumer Affairs and Fraud Prevention or the criminal courts.

We help our clients during dawn raids and investigative procedures, including hearings and responses to requests for information. We also prepare appeals to the competent courts.

Gide advises companies and public authorities on the presence, notification and control of State aid, including grants, guarantees, loans, tax exemptions and asset sales. Gide also assists companies with investigation procedures, recovery of unlawful or incompatible State aid and appeals against the European Commission’s decisions. In addition, Gide lodges numerous complaints against aid granted by various Member States in breach of the rules.

We help our clients to develop bespoke compliance programmes to enable them to grow with confidence (competition audits, training, alert procedures, etc.).

We aim to:

• Minimise collective and individual risks
• Improve their image with clients, business partners, employees, investors, media, rating agencies and public authorities
• Enhance brand reputation

We represent companies, as the claimant or the defendant, in litigation before the commercial, civil and administrative courts relating to anti-competitive practices. Whether this results from proceedings before the competition authorities or is initiated independently, we provide assistance at every stage.

We collect evidence to establish the alleged facts. We identify and qualify anti-competitive practices. We calculate and assess the damage suffered. We identify defence arguments (procedural or substantive). We work with economists.