Business antitrust & Competition due diligence

Keeping commercial decisions and practices in line with competition rules is vital nowadays for any successful business. One should consider competition law implications at all stages of business activities.  Regular assessments of business conduct - either past, current or planned ones - is vital with a view to identifying competition concerns, finding solutions to them, where necessary, and ensuring compliance with competition law. ACTECON offers competition advice and risk assessment at all stages of doing business.

We provide expertise in relation to: management of vertically integrated systems, franchising & distribution, horizontal agreements, management of market power, industry associations & regulated professional services, public procurement & privatization; buyer/seller side risk analysis.

Distribution schemes/vertical relations:

  • Competition law compliance design and management of distribution systems (dealership, franchise, distributorship)
  • Online platforms and e-commerce
  • Sector specific rules (block exemptions and individual exemptions)
  • Market intelligence and data collection

 

ACTECON provides assessment of vertically integrated business structures from the competition law perspective. We support clients in the process of choosing the most appropriate vertically integrated business models, and ensuring compliance with competition rules.

Relations with competitors:

  • Information and data sharing/Hub spoke
  • Agreements with competitors (joint R&D, joint manufacturing, co-marketing, co-promotion, subcontracting to competitors etc.)
  • Competition compliance in public and private sector tenders
  • Joint ventures
  • Associations
  • Platforms
  • Industry statistics, standard settings, etc.

 

ACTECON provides support to businesses in relation to competition assessment of all possible arrangements between competitors. Agreements between competitors are normally considered more problematic in terms of their effect on competition. Proper assessment of dealings between competitors from the competition law perspective is essential since not all dealings between competitions are considered as anticompetitive.

Management of dominance and market power:

  • Pricing policies (rebates & discounts)
  • Loyalty schemes
  • Competition law assessment of intellectual property
  • Management of specific rights and concessions
  • Post-privatization
  • Essential facilities
  • Dealing conditions
  • Vertical integration

 

ACTECON supports dominant players in the market by way of evaluating their business decisions and practices, such as price squeezes, refusals to deal, predatory/ excessive pricing etc. in the light of competition law. Being dominant in the market involves additional responsibility.