Companies should note that antitrust agencies are taking jurisdiction over a broader range of transactions that would have historically escaped scrutiny and are aggressively enforcing violations. Not only is the number of filing obligations increasing, but the reviews themselves are becoming more challenging. Not to mention new regimes such as the EU foreign subsidy regime and other potential reforms such as outbound investment screening are set to create even more complexities.

• Examining if a filing is necessary: Voluntary versus cautionary filings
• Where do you file: Which jurisdictions require a filing, and exploring multi-jurisdictional filings
• Determining the filing jurisdiction(s)
• Analysing the member countries’ power to review, or not review
• Cooperation agreements
• How to streamline the costs
• Quick, efficient ways to reduce regulatory friction?
• Assessing how long will the review take and the associated risk to the transaction
• Determining what kind of security supply is needed