When businesses undertake transactions or practices, potential competition or other regulatory issues may arise. Commitments may be agreed or an initial enforcement order (IEO) put in place in these situations which require the appointment of a monitoring trustee to oversee compliance.

Our team utilises expertise across commercial, accounting and competition law, with significant experience acting as monitoring trustee in merger control and antitrust investigations in the EU, the UK and in other jurisdictions. We work closely with regulators including the European Commission (EC) and the Competition and Markets Authority (CMA) to deliver practical and workable solutions for our clients in a pragmatic and efficient manner. We also act as supervisor on Takeover Panel cases.

We have extensive experience helping parties implement a diverse range of structural and behavioural remedies and undertakings, from some of the largest, most complex global transactions to smaller domestic operations. We have on-the-ground international experience working with companies across the world, including Australia, Austria, Belgium, Brazil, Denmark, France, Germany, Greece, Hungary, Ireland, Italy, Japan, the Middle East, the Netherlands, Pakistan, Poland, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the United States. 

For more information about our monitoring trustee services, please email Paul Elliot and Matthew Rose.

  • Our experience
  • Representative engagements

Our experience

Our monitoring trustee experience includes:

  • divestment remedies;
  • long-term behavioural undertakings;
  • complex carve-outs of fully integrated businesses;
  • ring-fencing and hold-separate arrangements;
  • on-going arrangements between sellers and purchasers; and
  • oversight of invitation to tender (ITT) processes and international auctions.

We can provide:

  • in-depth knowledge of regulatory requirements and procedures;
  • extensive practical experience of implementing remedies and undertakings;
  • workable hold-separate and ring-fencing measures;
  • on-the-ground experience internationally; and
  • experienced professionals with backgrounds in M&A, accounting and competition law.

Our sector experience includes:

Aerospace and defence, aviation, branded consumer products, business services, chemicals, data services, digital markets, energy and infrastructure, engineering, financial services, food production, healthcare (acute facilities, mental health), industrial products, life sciences, pharmaceuticals, software and technology, sports governance, telecoms, TV and media, and veterinary services.

Representative engagements