K&L Gates

Corporate transactions, including share sales, asset sales and joint ventures, will need to be considered from a competition law perspective, particular in relation to merger control rules and investigations. This Practice Note provides guidance from the point of view of both buyers and sellers when negotiating competition risk in relation to merger control conditions and competition warranties in sale and purchase agreements. This Practice Note also gives an overview of competition law as it applies to ancillary restrictions in corporate transactions, such as non-compete obligations.

This Practice Note has been archived and is not maintained. Revised Horizontal Guidelines were published in the Official Journal on 21 July 2023. This Practice Note was written with the previous Horizontal Guidelines in mind.