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IFLR: White & Case - ‘The focus is on deals that never left the boardroom’
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White & Case antitrust partners in London, Düsseldorf and Brussels spoke to IFLR about how merger control rules are evolving in their jurisdictions, their potential impact on dealmaking activity this year and how the Firm is advising its clients. This year, stricter antitrust rules in the UK and the EU – both existing and upcoming – will be balanced out by some countries' pro-growth political agendas, according to the partners.
In the UK, the Digital Markets Competition and Consumers Act came into effect in January 2025. White & Case partner Michael Engel said one of the key changes relates to the jurisdictional thresholds. He notes that unlike most countries, the UK has a voluntary regime that allows countries to complete M&A transactions without necessarily obtaining CMA approval. This, however, still means the CMA could launch an inquiry even after the transaction has been concluded – a practice that creates uncertainty for parties involved.
In the EU, as part of the broader vision to boost growth, EC president Von der Leyen has issued a new mandate to address the EU's competition policy and expectations for modernisation. White & Case partner Tilman Kuhn said the question is how this vision is translated into competition policy. "In discussions with EC officials, it's clear that they are committed to maintaining their analytical framework and rigorous competition enforcement," he said. Undoubtedly, for law firms, heightened scrutiny represents a growing area for advisory work opportunities.
White & Case partner Strati Sakellariou-Witt said the approach is to not view each transaction in isolation. "As strategic advisers, we connect all the pieces, integrating antitrust, FDI, FSR and transactional aspects at a global level, from the transaction's inception to its closing," she said.