Competition

Competition law affects all aspects of the activities of all types of private and public sector organisations. Inadvertent beach of competition law can make revenue producing arrangements void and lead to challenges to trading arrangements and public sector procurements. If your business suffers as a result of the anti-competitive activities of your competitors you can take effective action to ensure that your business operates in a fair trading environment.

We can advise you on all aspects of United Kingdom and European Competition Law, including anti-competitive arrangements, abuse of a dominant position, merger control, the grant of State Aid and public procurement. We will assist you to manage the risk to your trading arrangements of breaches of competition law. We design and implement competition compliance programmes including a "dawn raid" support service to enable our clients to avoid substantial financial penalties, the disqualification of directors, actions for damages and damage to their business' commercial reputation.

We are able to provide you with early strategic advice on whether a proposed joint venture, acquisition, disposal, MBO or MBI may run the risk of examination by merger control authorities in the United Kingdom or the European Union. In the event that your transaction does give rise to competition concerns, we can advise on the risk to your deal of intervention by competition authorities. We can seek and obtain merger clearance in the United Kingdom and throughout the EU and also advise on ancillary arrangements necessary for the success of your deal, such as continuing exclusive trading arrangements with a former group business. In conjunction with our corporate team, we can deal with all aspects of your transaction.

We can also provide clients with specialist advice on the increasingly important area of public procurement law and practice. We have particular expertise in the use of the Competitive Dialogue procurement procedure as Andrew Finfer advised in connection with the first two uses in the United Kingdom of the procedure to procure regeneration projects. We can provide you with initial strategic advice on your procurement strategy, draft and advise on the documentation needed in the course of a procurement, advise on and manage the risk of challenge to your procurement. In conjunction with our projects/PFI and Social housing team, we can deal with all aspects of your project. We can also advise contractors, service providers and suppliers on challenges to sub-optimal procurements.

If you wish to discuss how your activities are affected by competition law, please contact Andrew Finfer.