Dauds Advisory
Our contribution
Our contribution to this area of expertise includes the publication of well-received books – DAUDS on Competition Law: Substantive Issues and DAUDS on Competition Law: Law, Economics and Policy, as well as articles.
Competition/Antitrust
Competition/antitrust laws are becoming increasingly complex as they constantly evolve. As a result, regulation is becoming ever-more complex as competition/antitrust authorities become increasingly robust and use a wide range of powers to investigate competition/antitrust cases.
We give advice and support at the highest level and assist clients during the course of competition/antitrust inquiries and investigations, including applications for leniency, negotiating early resolution and the making of written and oral representations.
Our expertise allows us to offer our clients integrated solutions, including proper risk allocation as well as meeting any compliance obligations.
Our priority is to assess the competition/antitrust implications and structure transactions in a manner that addresses any potential regulatory issues in a pre-emptive manner.
Our competition/antitrust lawyers and competition/antitrust economists work closely together to advise and assist clients in all areas of competition/antitrust law. We offer specialist services to suit every type of competition/antitrust case. This includes advice and assistance in:
- allegations of anti-competitive arrangements, including cartel behaviour
- allegations of abuse of dominant position
- merger control, including merger concentrations, merger inquiries and merger submissions
- market and sector investigations
- compliance with regulatory requirements
Cartels
Detecting and punishing cartel behaviour is increasingly at the top of the enforcement agenda of competition authorities around the world. To discourage such behaviour, the financial penalties have become increasingly severe and enforcement agencies have even criminalised cartel behaviour.
Companies need a unified and cohesive strategy to deal with cartel investigations. This is particularly necessary from the very early days of the launch of the investigation through to co-operation with the enforcement agency during the investigation.
Where the enforcement agency launches a surprise dawn raid which involves the search and seizure of thousands of electronic and paper documents, the decision by a firm at the very beginning of the investigation can have a major impact on the company’s total financial and reputational exposure.
We work closely with our clients to defend their interests during an investigation by reducing the financial risk and potential reputational damage. In defence of our clients’ interests, we provide assistance, support and guidance through the many challenges they face before, during and after the investigation.
Abuse of dominance
Like cartel behaviour, abuse of dominance practices are increasingly placed at the top of the enforcement agenda of competition authorities. This is evident from the severity of the fines being imposed and the increased investigations of abuse of dominance practices. We provide our clients with assistance, guidance and support in navigating complex dominance-related issues to minimise the risk of a successful investigation by the enforcement agency.
Merger control
We combine commercial, legal and economic considerations to maximise the odds of a more successful result in merger approvals. In pursuit of this we:
- make an assessment of the merger transaction and potential competition issues.
- make an assessment of the competitive or anti-competitive effects of the merger.
- make an assessment of any merger efficiencies.
- deliver clear, practical and commercial advice on the competition risk at the very beginning of the deal.
- advise on the efficient structuring of the deal to minimise or eliminate competition risk.
Market and sector investigations
Issues of market concentration in industries are always of concern to enforcement agencies. This causes them to undertake investigations of entire market sectors rather than focusing their investigations on the alleged anti-competitive conduct of the players within the specific markets. A market and sector investigation by enforcement agencies can be extremely burdensome and disruptive to the companies in that market. As experience has shown, these investigations last a considerable period of time — often years. The outcome of the investigations can have a significant impact on the market and companies involved.
We are well-placed to assist and advise our clients on dealing effectively with market and sector investigations.
We are equally well-placed to offer our clients a comprehensive analysis and advice on:
- Alleged exclusionary behaviour
- Alleged predatory conduct
- Vertical restraints
- Foreclosure
- Market power analysis
- Comprehensively assessing and defining markets
- Litigation support