Davina Garrod Interviewed by Metro Corp Counsel on EU, UK Competition Law

Akin Gump antitrust partner Davina Garrod was interviewed by Metropolitan Corporate Counsel for its November issue, the resulting article titled “Patchwork of Rules Defines International M&A: A primer on increased interagency cooperation, dawn raids, and heightened regulatory security.”

Among the topics she discussed were:

  • The most significant recent change in competition law: “The most significant development affecting the large financial institutions and corporate clients I represent in cross-border deals is the increase in interagency cooperation throughout the multijurisdictional merger control process. The Department of Justice and the Federal Trade Commission in the U.S. have been cooperating with the European Commission for some years now, but we are seeing increasingly closer communication, earlier engagement, more information sharing and active coordination of global remedies.”
  • The impact of the UK’s Competition and Markets Authority: “The establishment and evolution of the CMA is a positive development for clients and competition lawyers alike. Housing competition experts and economists with experience in both initial and in-depth investigations within the same organization helps breed a climate of mutual understanding and advances the fulfillment of common goals.”
  • On coping with dawn raids in the EU: “[T]he key is to ensure that clients are fully trained on a regular basis – not only on how to deal with Commission or NCA officials on a dawn raid but also how to get their house in order more generally from a compliance perspective. By this I mean ensuring that the client stores privileged communications in a separate and closed-off file, so that when officials conduct a dawn raid, there is no danger of them accessing privileged documents. This way, the client and its advisors can sensibly discuss matters with competition officials and seek protection of privileged material.”

To read the full article, please click here.