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Framework agreement on merger remedy assessments

04.06.2024 - Competition, market and regulation

Oslo Economics, jointly with Schjødt, was recently awarded a framework agreement with the DG Competition of the European Commission on remedy assessments and interim measures.

Each year, more than 300 mergers and acquisitions are notified to the European Commission. The Commission must then assess whether the transactions are compatible with EU competition law. In a handful of these cases, the merging parties propose structural or behavioral remedies to alleviate or resolve competition concerns identified by the Commission.

Within this new framework agreement, Oslo Economics will assist the Commission with the assessment of both formal and informal remedies proposed by the parties. These include assessment and analyses of:

  • Technical feasibility of remedy
  • Suitability of remedy to address competition concern
  • Financial side of remedy (e.g., capital requirements related to asset handover)
  • Financial health of proposed buyer
  • Remedy competition distortions
  • Compliance with imposed interim measures

In other cases, the Commission may also adopt interim measures to prevent harm to competition (e.g., interim separation of the merging entities). As part of the framework agreement, we may assist the Commission to monitor compliance with the imposed interim measures.

In conducting these assessments, Oslo Economics and Schjødt will utilize their combined expertise and experience in competition economics, competition law, and financial analysis. Over recent years, Oslo Economics have been involved in the majority of complex merger cases in Norway, including transactions involving remedies. In addition, we work on various projects using financial analysis, including due diligence. This expertise and experience is crucial for e.g., the assessment of most structural remedies. This is our third framework agreement with DG Competition. In January of 2024, we entered a framework agreement on assessment in state aid cases (also with Schjødt). In the fall of 2023, we entered into a framework agreement (joint with Wikborg Rein) on reviews and evaluations of policy measures related to state aid and competition.

Jostein Skaar
Jostein Skaar
Elias Braunfels
Elias Braunfels
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