We help business leaders address novel or complex regulatory challenges
Business leaders across all sectors of the economy are required to make decisions on regulation and investigations, without always being familiar with the process or the thinking of regulators. Our unique combination of insight and experience helps executives make these decisions with confidence, improving outcomes and clearing the way for sustainable growth.
Our clients are empowered to:
- Put legacy issues to rest
- Anticipate and mitigate new challenges
- Engage constructively with regulators and other stakeholders
- Get the best possible outcome from investigations
What makes us different?
Our deep understanding of how regulators think allows us to bring constructive challenge to internal debates, and ask the critical questions before others do.
- We distill complex legal and economic arguments into a clear strategic approach and simple narrative
- We help businesses manage investigations in a way that enables good governance while limiting the impact on senior executive time
- We ensure that all submissions to regulators are strategically aligned, internally consistent and high quality
- We provide independent assurance to boards and executive teams
Manage market inquiries strategically
Market studies and investigations are complex and time-consuming. The CMA can impose highly intrusive remedies - including break-up or divestment of assets - even if a company has never broken the law.
Influencing the outcome requires a clear strategy, a well-crafted narrative, informed stakeholder management and effective internal governance from the earliest possible stage.
Achieve competition approval for acquisitions or mergers
Competition approval is a gateway issue for some deals, and often for the most commercially attractive ones. The process can be lengthy and onerous, postponing integration and distracting senior management. The discretion of competition authorities can make the outcome hard to predict, and more so if there is wider stakeholder or political concern.
Obtaining direct, expert advice at the earliest possible stage, and implementing that advice effectively, considerably enhances the chance of regulatory approval.
Mitigate risk and maximise commercial outcomes in regulated sectors
Sector specific regulatory regimes can be complex, intrusive, onerous to engage with and difficult to influence or elicit change. We help established incumbents and new entrant challengers alike to mitigate regulatory risk and secure value adding commercial outcomes.
When navigating engagement with sector regulators, this involves helping decision makers build a clear strategy and well-crafted narrative, understand the political context and decisional frameworks, and synthesise complex legal, economic and commercial considerations.
Tackle antitrust investigations effectively
Antitrust investigations can result in huge fines. Even if the allegations are unproven, they can harm reputation and individual careers. Avoiding investigations is not just about compliance but also minimising regulatory interest. When investigations begin, critical decisions - such as whether to settle or fight - involve synthesising complex legal, economic and commercial considerations.
We provide independent advice to help companies avoid investigations in the first place, and to navigate them effectively if they proceed.
Anticipate and mitigate consumer protection risk
Concepts such as fairness, vulnerability and behavioural biases are of growing importance to consumer-facing businesses. Regulators and policymakers are making increasingly varied and bold interventions to try to ensure that consumers are treated fairly.
Embedding a responsible approach to capitalism ensures risks are proactively managed.
Data privacy and AI
Understand and manage emerging data or AI risk
Data is enabling huge business transformation and disrupting existing business models, especially in consumer-facing markets. Innovation, artificial intelligence and algorithmic decision-making present novel regulatory issues and raise broader fairness concerns.
Current legal frameworks may not be a reliable guide to how business practices are assessed by politicians and regulators in future.
Embed regulatory thinking into culture and governance procedures
Corporate culture is increasingly scrutinised by regulators, who want to understand how commercial choices are made.
Decision-making processes and business practices that align with the approach of regulators ensure the risks of future enforcement action are proactively managed and mitigated.