Merger Control

We have a long and extensive track record of advising clients on merger control requirements and representing them in merger control proceedings before the Austrian competition authorities, the European Commission and before competition authorities in other jurisdictions worldwide. 

Global collaboration for seamless transactions

Each year we notify a high number of transactions to the competent competition authorities and coordinate merger control filings worldwide. We cooperate closely with our CMS M&A team which consistently advises on the greatest number of M&A transactions of all law firms in Europe and CEE. In addition, many clients entrust us directly with their merger control cases in Austria and to coordinate their merger control filings worldwide, including complex phase II reviews and transactions requiring commitments (in particular divestments) to secure clearance. 

Our wide-spread footprint with CMS offices in Europe, Asia, Africa and South America combined with an extensive network of long-established contacts across all other relevant countries worldwide (e.g., via the World Law Group) allows us to offer a one-stop shop solution for all of our clients’ transactions. 

Optimal merger control strategy for timely approvals

We help our clients establish an optimal merger control strategy to maximize the prospects of clearance and reduce the risk of delays. We have represented clients successfully in landmark cases, for example concerning 4 to 3 mergers, which have shaped their industry in major sectors of the economy.

On a daily basis, we steer our clients through any “gun-jumping” pitfalls in the context of the due diligence process and the preparatory phase between signing and closing. We set up the necessary safety mechanisms to ensure compliance with competition laws during the entire transaction process (clean teams, data rooms, etc.) and beyond.

Strategic representation for third parties

We also represent the interests of third parties to achieve their strategic goals concerning mergers between other industry players.