Monitoring trustee services

When businesses undertake transactions which give rise to potential competition concerns, or otherwise fall under the scrutiny of anti-trust regulators, commitments may be agreed which require the appointment of a Monitoring Trustee.

Our competition services team has significant experience of acting as Monitoring Trustee on merger cases and market investigations in the EU, UK and other jurisdictions. 

We have extensive hands-on experience of helping parties implement undertakings. We can assist you in dealing with the often complex practical implications of commitments given to anti-trust authorities, including in minimising business disruption, and are cost-effective. 

You can contact Paul Elliot (paul.elliot@rsmuk.com) or Jason Stone (jason.stone@rsmuk.com) for more information.

Selected Monitoring Trustee roles include:

Our team has extensive practical knowledge of:

  • complex carve-outs, including dealing with integrated personnel/teams, joint customers, brands, and co-located assets;
  • workable hold-separate measures for fully integrated businesses, including cross-shared services/personnel (both back and front office, including customer management and sales functions), reporting protocols, and IT systems;
  • international divestment processes, involving multiple strategic and financial buyers, and satisfaction of purchaser requirements;
  • compliance with on-going behavioural commitments, including pricing; and
  • long-term commercial agreements between Sellers and Purchasers, including on-going manufacturing and supply arrangements, marketing and sales agreements, and brand/IP licensing.

We can act in a range of roles, including: 

  • Monitoring Trustee
  • Divestiture Trustee
  • Independent Observer
  • State Aid Monitor
  • Supervising Trustee/Takeover Panel Supervisor

* Our team has on the ground experience in a range of jurisdictions, including the UK, Germany, France, Italy, Austria, Portugal, Belgium, Spain, Sweden, the Netherlands, Poland, Belgium, and Denmark. We also have monitoring experience in respect of Middle Eastern (including Turkey), Brazilian, Australian, and North American assets.