Merger Remedy Advice

A Merger Remedy advisor supports its client with structuring and implementing commercially optimal remedies.

The advisor must have experience with Monitoring Trusteeships and has to understand the interplay of regulatory objectives and the commitments to be undertaken by the client. This is key to developing effective remedies which are acceptable to the competition authority and value-enhancing for the client.

Monsalvat focuses its advisory on:

"As Merger Remedy advisor
we are working exclusively
for the commercial interests
of our clients."

 

Commercial optimisation of remedies

"With carefully analysed and unambiguously formulated commitments you will convice the competition authority and protect your commercial interests."  
  • Monsalvat cooperates closely with the client’s cartel lawyers to commercially optimise potential remedies
  • Simulates the practical application of remedies and ensures their unambiguous definition in operating terms
  • Supports the cartel lawyers in getting the remedy accepted by the competition authority

Gearing of the commitments to the divestiture process

"A divestiture commitment must stand its endurance test in the divestiture process."  
  • Monsalvat familiarises the client’s M&A advisor with the specifics of a monitored divestiture process
  • Evaluates with the M&A advisor the feasibility of the divestiture process within the envisaged time frame under current market conditions
  • Supports the cartel lawyers in arguing the marketability of the Divestment Business with the competition authority

Supporting the implementation of commitments

"We recommend working with a professional partner which is on equal footing with the competition authority and the Monitoring Trustee."  
  • Monsalvat acts unreservedly in the client’s interest
  • Supports its client and its advisors in implementing the commitments (including their reporting obligations)
  • Assists its client with selecting and retaining the Monitoring Trustee
  • Communicates with the Monitoring Trustee and the competition authority on behalf of its client