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Linklaters

Economic and Utility Regulation

We recognise the special challenges relevant to the control of economic power in utility and other regulated businesses.

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Our regulatory and competition team is at the cutting edge of regulatory developments, advising clients, regulators and governments in the gas, electricity, telecoms, water and rail industries. The team has advised on price controls, market access and liberalisation for utilities companies, as well as on the regulatory issues arising in the context of mergers and acquisitions and financing/restructuring transactions.

On the regulatory side, we have been involved in many major privatisations, acting either for Governments or for the privatised entities. In addition to initially assisting in designing and putting into place the regulatory frameworks, we have subsequently been involved in the development of those regulatory structures and interplay between the sectoral regulators and the regulated utilities subsequent to privatisation. We have developed significant expertise in the areas of economic regulation, quality regulation, licence enforcement and value creation.

With such a background, we are able to provide cutting edge advice on regulatory issues specific to these sectors including:
  • securing regulatory consents/approvals in the context of M&A activity;
  • securing successful outcomes in relation to complex merger investigations;
  • advising in relation to re-financings and securitisations;
  • advising in relation to regulatory investigations; and
  • advising on transaction structures that minimise regulatory risks and scrutiny.

We are also at the forefront of the convergence of regulatory practice and the application of competition law.

Competition eLearning course

We have developed an eLearning tool, which is available in several languages (including Mandarin) and offers an economic and effective way of achieving global training on competition law issues. We provide "train the trainer" sessions so in-house legal and compliance teams are able to provide ongoing specialist support with confidence.

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What we do

Foreign Investment & Merger Control
Antitrust Investigations and Litigation
Public procurement
State Aid & Foreign Subsidies Regulation
Economic & Utility Regulation

Foreign Investment & Merger Control

At Linklaters, we have world-leading experience thanks to our dedicated and truly integrated global network. We are continually monitoring developments in this rapidly evolving area in order to remain ahead of the curve. We offer clients a one stop shop for handling merger control and foreign investment review filings: a single, central point of contact, as well as a consistently high level of quality.

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Merger control is critical to the success of any M&A transaction. Linklaters’ truly global team works with clients to devise their global merger control strategy. We combine commercial, legal, economic and often political considerations to maximise the chance of a successful outcome. We offer clients a one stop shop for handling merger control and foreign investment review filings: a single, central point of contact, as well as a consistently high level of quality.

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Antitrust Investigations and Litigation

With our global footprint and on-the-ground experience in multiple jurisdictions our Antitrust & Foreign Investment team support clients through the broad spectrum of challenges that arise before, during and after an investigation into behavioural conduct issues.

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Public procurement

Linklaters has extensive experience of advising on the application of the EU procurement Directives and the implementing regulations adopted in various Member States. We have been involved in many important projects for both private and public sector clients (including national governments), which have required a combination of detailed technical legal expertise, innovative thinking and commercial focus.

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State Aid & Foreign Subsidies Regulation

In this evolving legal environment, companies with no previous (and often no foreseen) exposure to State aid issues are increasingly affected by the rules. Companies increasingly view State aid law as a powerful tool to challenge the legality of fiscal regimes and other State measures which favour their competitors. Our clients gain a competitive advantage from our wealth of experience in handling complex State aid cases.

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The FSR builds on elements of State aid, merger control, foreign investment, public procurement, and trade defence. Our global team is one of the world’s leading practices across the spectrum of these matters and we have the skills, experience and bandwidth required to prepare your business. We advise on the most complex and strategic matters and have an award-winning reputation for innovation and excellence.

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Economic & Utility Regulation

The team has advised on price controls, market access and liberalisation for utilities companies, as well as on the regulatory issues arising in the context of mergers and acquisitions and financing/restructuring transactions.

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