Antitrust & Regulatory
IV
The Antitrust & Regulatory Department assists our clients in navigating the complex framework of regulations and prohibitions set forth by competition laws and antitrust authorities, assessing the compliance of business transactions, relationships and factual situations with antitrust laws and other applicable regulations.
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Bergs & More professionals advise clients on a full range of antitrust issues to avoid the implementation of unfair commercial practices and advertising on a day-to-day basis, checking internal procedures, commercial contracts and practices with clients, suppliers and other counterparts, as well as drafting antitrust compliance programmes and policies and providing training for clients’ employees to reduce risks of anti-competitive behaviours.
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The Antitrust & Regulatory team works closely with the Corporate M&A Department assisting clients in domestic and cross-border deals, asset acquisitions, joint ventures and investments in successfully and efficiently completing transactions, assessing the applicability of possible legal limitations that may affect the transaction, including those set forth under the Golden Power regime which might be a main concern for cross borders deals regarding “strategic sectors”, such as, national security and defence, 5G, cybersecurity and cloud communication systems, energy, transportation and telecommunications, health, agri-food, data, media, water, chemical, biotech, banking insurance and financial market, ai and robotics, aerospace, strategic raw materials, dual use, and related industries and strategic assets.
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A particular expertise has been developed in the assessment of commercial contracts in order to assure their compliance with article 101 and 102 of the Treaty on the Functioning of the European Union and other mandatory EU regulations on vertical and horizontal restrictions.
Our expertise include:
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Antitrust risk assessment
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Golden power risk assessment
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Legal opinion which are preliminary to deal structuring
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Draft of antitrust compliance programmes and policies
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Staff training in antitrust matters