CMA clearance risk assessments

Aldwych Partners is often engaged by clients at the early stages of an M&A deal to advise on the risks associated with securing M&A clearance. We carry out rapid analysis and reviews to advise on the likely scale of any potential competition issues and how best to engage with the CMA.

Following an initial risk assessment, we can provide an informal notification of the deal to the CMA so clients gain greater certainty that their deal will not be unnecessarily called-in for review. Alternatively, where circumstances require, we can work with clients to identify assets or sites that could be excluded from a deal (or sold to a third party) to mitigate any CMA clearance risks.

Recent examples of our work in this area includes Aldwych Partners’ advice on the CMA clearance risks associated with the acquisition of a children’s care business, and separately, a major portfolio of care homes. We identified a low level of risk in the first acquisition, which secured early stage clearance from the CMA. In the second acquisition, where CMA clearance risks were greater, the transaction was structured to exclude those sites with the highest risk of an adverse finding by the CMA. The deal was subsequently cleared by the CMA at Phase 1.

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