Competition,
European Regulation & FDI
Structuring, Securing, and Defending Your Strategic Transactions
Competition law has undergone profound transformation. Merger control, foreign subsidies, digital platform regulation, and foreign investment screening have multiplied regulatory checkpoints while compressing procedural timelines. Every growth transaction and every investment flow may trigger proceedings whose outcome can determine the success of an entire project.
August Debouzy operates at the intersection of law, economics, and transactional timing. We anticipate procedural overlaps, build robust filings, and negotiate approval pathways aligned with our clients’ strategic imperatives.
Our Interventions
We manage filings before the French Competition Authority and the European Commission, including market definition, market share analysis, and assessment of competitive effects. We handle information requests, model potential remedies, and coordinate referrals or jurisdictional reallocations where appropriate.
Where significant non-EU public financing is involved, we integrate the Foreign Subsidies Regulation and its standstill obligations to avoid delays at closing. For platforms designated as gatekeepers under the Digital Markets Act, we anticipate the interaction between merger control and interoperability obligations.
Our objective is to secure a clear approval path aligned with transactional timelines. Consistency between merger control, FDI, FSR, and DMA frameworks directly impacts execution speed.
Foreign investments are subject to heightened scrutiny in France and across the European Union. We assist non-European investors and target companies in preparing notification filings, assessing triggering thresholds, and defining commitments.
At every stage, we coordinate interactions with the Ministry of Economy and the European Commission, anticipate potential obstacles, and negotiate remedies tailored to the transaction.
Since entering into force in 2023, the Foreign Subsidies Regulation has introduced new notification obligations for transactions involving beneficiaries of significant non-EU public funding.
We assess whether a transaction exceeds relevant thresholds, prepare notifications, and manage interactions with the European Commission. In the event of an in-depth investigation, we defend our clients’ interests, model potential remedies, and coordinate the interaction between FSR, merger control, and FDI processes.
We advise companies and public entities on the qualification of measures that may constitute state aid, the preparation of prior notifications, and defense strategies in formal investigation proceedings.
We also file complaints on behalf of affected competitors and represent clients in litigation relating to the recovery of unlawful aid before both national courts and European jurisdictions.
We design prevention frameworks tailored to sector-specific risks and organizational structures. Each program includes risk mapping, operational codes of conduct, targeted training for exposed teams, and internal alert mechanisms.
We conduct regular audits to assess the effectiveness of procedures and identify areas of vulnerability. For businesses subject to the DMA, we integrate transparency, data separation, and non-discrimination obligations into internal processes.
These frameworks significantly reduce exposure to sanctions, constitute recognized mitigating factors before authorities, and establish a durable culture of competition law compliance.
We determine, based on thresholds and sectors, which authorities must be engaged and how merger control, FDI, FSR, DMA, and sector-specific regulations interact.
We prepare complete filings, verify underlying data, manage exchanges with investigative teams, and coordinate referrals to Brussels where appropriate. For digital platforms, we align merger notification obligations with DMA disclosures and any acquisition restrictions imposed on gatekeepers.
We integrate procedural timing into transactional planning. This preparation helps avoid notification failures and the risk of invalid transactions.
We intervene from the earliest stages of dawn raids and unannounced inspections to protect defense rights, supervise internal teams, and manage interactions with authorities.
Throughout the proceedings, we defend our clients’ interests in cartel and abuse of dominance investigations, develop legal and economic arguments, and negotiate commitments where appropriate. We also act in disputes involving the application of the Digital Markets Act.
We represent clients before the Court of Justice of the European Union and the General Court in annulment actions against European Commission decisions, preliminary reference proceedings, and liability claims.
In competition matters, we coordinate European litigation with national proceedings to ensure a coherent defense strategy. For companies seeking to challenge regulatory decisions or defend their market position, we design litigation strategies aligned with their business objectives.
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Our References
Hospitality Group – DMA
Provided strategic advice to a hospitality group and initiated the first complaint before the European Commission under the Digital Markets Act against a major technology company.
Services Sector – Antitrust
Assisted a leading services company in restructuring its commercial practices and supplier selection processes, including antitrust risk mapping and operational recommendations to ensure compliance with competition law.
Construction group – State aid advisory
Advising an international construction and infrastructure group on the assessment and compatibility of public measures under EU State aid rules in relation to its investment and development projects.
FAQ
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