11th IBA European Corporate and Private M&A Conference

2 Feb - 3 Feb 2023

Session information

Come hell or high water? – Negotiating merger control provisions in interesting times

Thursday 2 February (1700 - 1800)


Antitrust regulators have been adopting an increasingly strict view of competition issues, raising the stakes not only on deal certainty and calendars, but also on contractual provisions governing the process and outcomes. After briefly surveying the latest major evolutions in European competition law practice, this panel will drill down into the line-by-line challenges of negotiating antitrust conditions precedent, cooperation and calendar provisions (including drop dead and filing dates) as well as risk sharing arrangements (including varieties of hell or high-water clauses, agreed remedies and reverse break fees).

Session / Workshop Chair(s)

Dovile Burgiene WALLESS, Vilnius, Lithuania; Vice Chair, Corporate and M&A Law Committee


Frederic De Bure Cleary Gottlieb Steen & Hamilton LLP, Paris, France
Clare Gaskell Simpson Thacher & Bartlett, London, England
Dieter Gericke Homburger AG, Zürich, Switzerland
Renata Mendaña J&A Garrigues SLP, Madrid, Spain