Monitoring Trustee

in EU, national and international competition proceedings – merger control, antitrust, State aid.

 

ALCIS acts as a monitoring trustee in merger control, antitrust and State aid proceedings of national and supra-national competition authorities (e.g. the European Commission).

 

As monitoring trustee, ALCIS oversees and monitors the implementation of

 

  • structural commitments (typically the sale of activities or assets) and/or
  • behavioral commitments (like amending customer or supplier contracts or granting access to certain proprietary technologies or know-how)

 

entered into by parties in order to get clearance by national and/or international competition authorities.

 

 

Finding the common ground of compliance and business needs

For the implementation of e.g. structural remedies, ALCIS will typically oversee the sale of activities or assets – a process managed by the parties – and ensure that such activities or assets are managed independently and remain economically viable and competitive until closing of such sale.  

ALCIS’ approach

 

ALCIS’ experience in executive management roles enables us to find the right pragmatic, business-minded monitoring approach to help the parties

 

  • fully understand the operational implications of their Commitments, and meet the regulatory deadlines
  • early identify and mitigate arising business or non-compliance risks
  • find pragmatic solutions when business issues arise, in a constructive dialogue with the competition authorities.

 

ALCIS ensures that the parties remain fully compliant throughout the process – without disruptions in their operations – towards a swift, final discharge/clearance by the competition authorities.

  • Selected merger control, antitrust and State aid credentials of ALCIS' managing directors

    COVID-19 recapitalisation of Air France by France
    London Stock Exchange (UK) / Refinitiv (US)
    Schwarz (D) / SUEZ waste management (F, NL)
    E.ON (D) / innogy (D)
    Knauf (D) / Armstrong (US)
    Harris (US) / L3 Technologies (US)
    GAZPROM (RU) – antitrust
    LKQ (US) / Stahlgruber (D)
    RHI (A) / Magnesita (BR)
    Merck (D) / Sigma Aldrich (US)
    ZF Friedrichshafen (D) / TRW (US)
    Sparkasse Köln/Bonn (D) – State aid
    Deutsche Bahn (D) / Arriva (UK)