Avisa Partners brings value to clients by keeping ahead of the curve on developments both at a technical level within the Directorate-General for Competition (DG COMP) through an extensive network of contacts, and on the wider stage between DG COMP and other DGs, helping to make sense of jurisdictional and substantive issues, as well as national competition authorities’ political context.
Moreover, Avisa Partners’ assistance to clients also comprises media relation and management services (PA/PR) which, depending on the case, can play an important role in shaping the political and social context of a case that can be instrumental in leading to a decision by the Commission.
Avisa Partners acts for clients involved in Article 101 TFEU investigations, including cases where Article 9 commitments might be considered. In Article 102 TFEU cases we act often for complainants. We have intervened at various stages to have the Commission open formal proceedings, and we have continued to lobby through the investigation process.
Avisa Partners advises companies being investigated for alleged breaches of Article 101 TFEU, notably on settlement cases. We have provided expert assistance throughout the lifecycle of a cartel case, in particular in the avoidance of a possible statement of objections; issues regarding rights of defense and access to file; assistance in the preparation of the oral hearing; and assistance in lobbying from the issuance of the SO until the eventual Decision on both substance and appropriate level of fine. Finally, we have advised on and intervened in settlement discussions.
Avisa Partners acts at times for merging parties, at times for interested third parties. We can assist, for example, on preparing a strategy for Phase I clearance, for a case to be pushed to Phase II, or on jurisdictional aspects. Remedy negotiations are another area where we have been actively involved, helping clients achieving clearance of their transactions. Our track record is spectacular speaks for itself.
Avisa Partners has built a significant practice in the field of State aids, where the procedure is very complex with a reputation for being political with limited transparency. We have assisted a number of financial institutions and blue-chip corporations who are more “traditional” recipients of State aid to ensure the approval of the aids and/or rejection of complaints, where necessary. We also assist numerous complainants against aids beneficiaries to ensure heightened level of scrutiny by DG COMP, devising arguments and lobbying strategies with a view to obtain the critical opening of the formal investigation ex Article 108(2) TFEU and maximise the likelihood of a final negative decision by the European Commission. We have also assisted and supported companies on State aid matters in areas including R&D, transport, postal services, broadcasting services, financial services and energy sectors.
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