The lecture presents some of the practical aspects of the implementation of commitments in merger cases before the EC and the CMA. The focus is on divestment commitments, and in particular the key stages of their implementation process and some of the practical issues the monitoring trustee deals with. These include ensuring that the divestment business is held separate, ring-fenced and maintained as a marketable, competitive and viable business until the close of the onsale, finding a suitable purchaser for the divestments business and agreeing the terms of sale in accordance with the commitments.
The lecture also covers other types of commitments accepted by competition authorities, including amending commercial contracts and granting access to infrastructure.
Finally, the lecture summarises recent trends in the implementation of commitments. These include the growing popularity of upfront purchaser commitments and increasing cooperation between competition authorities with regard to commitments in multijurisdictional transactions.
Fryderyk Hoffmann is a solicitor specialising in competition law. He is originally from Poland. Having obtained a postgraduate diploma in competition law at King's College London, he qualified in England and Wales as a solicitor and worked in the City as a completion associate for several years. Since 2019, he has worked in the London office of Mazars, a consulting firm, as a manager in the monitoring trustee team. In this capacity, he has been involved in a number of high-profile commitment cases before the European Commission and the CMA.
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