When businesses undertake transactions, which give rise to potential competition or other regulatory issues, commitments may be agreed which require the appointment of a Monitoring Trustee to oversee compliance.
Our Monitoring Trustee team has significant experience of acting as Monitoring Trustee on merger cases and market investigations in the EU, the UK and in other jurisdictions*. We also act as Supervisor on Takeover Panel cases.
We have extensive hands-on experience of helping parties implement undertakings, from some of the largest and most complex global transactions, to smaller domestic operations.
We would be happy to discuss our experience of how to navigate these situations successfully.
Our experience includes: divestment remedies; complex carve-outs of fully integrated businesses; long-term behavioural undertakings; firewalls and IT separation; on-going arrangements between sellers and purchasers.
We can provide: in-depth knowledge of regulatory requirements; extensive practical experience of how to implement undertakings; workable hold-separate & ring-fencing measures; on-the-ground presence internationally.
Sectors we have acted in include: pharmaceuticals, chemicals, telecoms, healthcare, media, business services, software, financial services, branded consumer products, heavy industrial products, engineering, aerospace, and defence.
Our Monitoring Trustee experience includes:
- gategroup Holding AG / LSG European Business (M.9546) - services;
- Takeda Pharmaceutical / Shire (M.8955) - pharmaceuticals;
- Circle Health / BMI Healthcare - healthcare;
- Bauer Media Group - media;
- Bottomline Technologies / Experian - software / technology;
- Vanilla Group Ltd (JLA) / Washstation - services;
- RHI / Magnesita Refratarios (M.8286) - refractory / industrial products;
- Vodafone / Liberty Global (M.7978) - telecoms;
- Altice / PT Portugal (M.7499) - telecoms;
- INEOS / Solvay (M.6905) - chemicals;
- International Chemical Investors (M.7584) - chemicals;
- Unilever / Sara Lee Body Care (M.5658) - consumer products;
- VimpelCom / Wind Telecom - telecoms;
- Universal Music Group / BMG (M.4404) - media;
- Cygnet Health Care / Universal Health Services - healthcare;
- Acadia Healthcare Company / Priory Group - healthcare;
- Iron Mountain / Recall - data storage;
- HCA International - healthcare;
- Lafarge Tarmac - industrial products;
- IRI / Aztec Group - data services; and
- Global Radio / GMG Radio - media.
In addition, we are currently acting as Supervisor on:
- Advent International / Cobham - aerospace & defence
- Melrose Industries / GKN - aerospace & engineering
* Our team has on-the-ground experience in numerous countries, including the UK, the US, Germany, France, Italy, Spain, Portugal, Belgium, Austria, Sweden, the Netherlands, Poland, Belgium, Denmark, and Switzerland. We also have extensive monitoring experience across other jurisdictions, including the Middle East, Turkey, Pakistan, Brazil, and Australia.