Competition law and corporate transactions—checklist

Copyright © 2025 LexisNexis
Published by a LexisNexis Competition expert
Checklists

Competition law and corporate transactions—checklist

Copyright © 2025 LexisNexis

Published by a LexisNexis Competition expert

Checklists
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This Checklist summarises the competition law considerations relevant to corporate transactions.

Preliminary considerations

Before you make contact with the other side, it is important to:

  1. •

    Put together a team to work on the transaction and establish communication channels with all relevant parts of the business. It may be necessary to engage specialist advisors, depending on any PR issues or anticipated complexity or regulatory issues, for example:

    1. ◦

      lobbying/PR specialists

    2. ◦

      economists

    3. ◦

      accountants

  2. •

    Exercise caution regarding document creation (both internal and external) and public and internal statements

  3. •

    Manage expectations, including in relation to any potential competition concerns and preliminary timing considerations

  4. •

    Confirm that the contemplated transaction has a legitimate purpose

  5. •

    Consider the maintenance of legal privilege in relation to communications where relevant (see further, Legal privilege in EU competition cases)

Issues before and during negotiation

There are a number of issues to be aware of as soon as transactions are contemplated and during negotiations, not least to ensure there can be no risk of collusion during negotiation and

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