Overview

Competition law is an increasingly important consideration for any potential investment by private equity houses. This bulletin from Herbert Smith summarises the key merger control considerations that affect private equity transactions by highlighting the application of EU and UK merger control regimes to three types of transaction.

It also contains some points of particular relevance to private equity firms that need to be taken into account in evaluating the impact of merger control rules.

Companies undertaking corporate or business acquisitions are often well aware that, alongside all the other legal issues to be considered, they will also need to factor merger control rules into their timetable and, in some cases, their risk assessment of the transactions which they undertake. The significance of merger control rules, however, is sometimes underestimated in the context of private equity buyouts.

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