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The decisions of government departments and regulators can have huge impacts on your shareholder value. Managing the politics can often be the difference between success and failure.Competition & Regulation Practice servicesCompetition and Regulation Practice cases |
Competition & Regulation PracticeIf you are faced with competition, market access or other regulatory issues, Politics International’s Competition & Regulation Practice will help you communicate to key audiences to help realise your business objectives. The decisions of government and statutory regulators can have huge impacts on your bottom line or shareholder value. The importance of effectively handling the politics of the regulatory process has never been higher than today. We work alongside our clients’ other advisers - financial, legal and economic - in a complementary way to deliver your key messages and to maximise the potential for a successful regulatory outcome. We deal with all aspects of competition and regulation communications including mergers and acquisitions requiring competition clearance; investigations into anti-competitive activity; reviews of regulated utilities and industries; enforcement of the EU single market and other trade issues; and public procurement competitions. Our objective is to help you communicate positively with the political audiences that either have a direct say in regulatory and competition decisions affecting your business activities, or who will influence the climate of opinion in which those decisions are made. Often cases will not only turn on legal positions or economic definitions, but on policy questions and wider public interest considerations. Managing the politics can be a key variable in achieving success. We deal with cases involving a range of institutions including the UK Office of Fair Trading, the Competition Commission, individual industry regulators, relevant Whitehall departments, Parliament and other devolved and local administrations and the European Commission and Parliament. We also consider how you might approach other interested third parties, including consumer groups, unions and other stakeholders. Competition & Regulation Practice services We provide a full range of services and tailor them to optimise your impact on the public policy and political debates that influence competition and regulatory processes. Strategic Advice We ensure that your communications planning effectively incorporates political considerations. By identifying and using wider policy and political factors to create additional leverage, we increase the impact of your argument with decision-makers. We advise whether adopting a high or low public profile is most effective for your particular case. We also consider the merits of enlisting third party support which can be a crucial factor. Tactical Development Strategic considerations will establish the overall approach you should take to an issue. Shorter-term tactical considerations will help you tailor your approach to particular audiences, whilst still maintaining overall consistency. Different political audiences will have different priorities. Our role is to ensure these considerations are taken into account, and to facilitate the proper co-ordination of approaches to the various political audiences that will influence the decision on your case. Case Development Working with your team, we provide new insights as well as a political perspective on the strength of competing arguments. We help you communicate your messages with detailed advice on drafting submissions as well as other formal and informal correspondence. We will also help prepare you for key meetings with the main decision-makers. Process Advice Our understanding of the way in which the official regulatory process interacts with the wider political process enables us to work in a complementary way with your other advisers to achieve maximum impact. We provide practical information about the jurisdiction of authorities (particularly where the European Union is concerned) as well as the timetable, decision-makers and other influences on the process. Intelligence Gathering Understanding the context of an issue, and the specific views of interested parties, is important for successful achievement of your regulatory objectives. We help you ensure that you have timely and accurate intelligence to enable you to assess how you should react to the emerging debate. Programme Implementation We will support you by providing the capacity to ensure full and effective implementation of the most appropriate programme for your case. This will include a range of activities including drafting materials, establishing contact programmes, meeting support, liaising with political audiences and coalition building. Third Party Liaison Our understanding of key organisations outside the immediate political sphere, such as trade unions or consumer groups, allows us to help you to mobilise wider support for your case. Media Relations The media are a useful conduit for influencing regulatory debates. We will work hand-in-hand with your media advisers to ensure that any political activity dovetails with other aspects of your communications strategy. Inquiry Training Competition and regulatory cases often involve appearances before competition authorities or parliamentary committees. Effective preparation is essential to making the most of these opportunities and minimising the risks of undermining your case. Our work in this area ranges from an informal run-through of likely questions to full dress rehearsals. Strategic Internal Communications Advice In any sensitive regulatory case your employees are one of the key constituencies with whom you need to communicate. We offer advice on how, when and through what means you can best communicate change to your workforce. Competition and Regulation Practice cases Politics International has worked with clients on a range of cases supporting mergers & acquisitions activities and regulatory issues. The following is a taste of how we have helped clients in the past. Service: UK mergers & acquisitions support
Advice to interested third party to a UK merger on the most effective way to represent their views to an investigation being conducted by the Office of Fair Trading. We drafted all submissions to the inquiry, and ensured that our client maintained a permanent presence through regular meeting and briefings with officials. Outcome: undertakings strengthened Service: EU mergers & acquisitions support Advice to UK client merging with European travel company in a UK travel market characterised by a significant degree of vertical integration. The transaction raised concerns due to the creation of a collective dominant position in the UK market for short-haul foreign package holidays. We worked successfully alongside lawyers and other advisers and liaised closely with European Commission officials. Outcome: merger allowed to proceed subject to acceptable undertakings Service: EU mergers & acquisitions support Advice to interested third party who would have been significantly disadvantaged had this transatlantic merger been allowed. We drafted articles and mobilised third parties, drafted submissions for the relevant competition authorities and dealt directly with high level officials. The case was further complicated because of the dual competence of the UK and EU competition authorities in the industry of concern. Outcome: merger dropped Service: UK mergers & acquisitions support
Advice to interested third party to a UK merger on the political aspects of the competition process. In this case we worked successfully alongside lawyers and financial advisers, maintaining a presence in the political sphere throughout. Contacts were established with a broad political audience with concerns about the public interest aspects of the deal. Outcome: referral and block Service: Single market Advice to national financial institution wishing to merge with a bidder from a neighbouring EU state. The deal was threatened by politically-driven attempts to have it referred back to the member state. We dealt directly with leading European Commission officials to ensure that single market considerations were properly applied. Outcome: Commission opposed member state’s protectionism Service: State aid advice Advice and support to client on the process they would have to undertake to obtain European Commission clearance on state aid. When the UK rail network was privatised, a number of competition issues arose concerning state aid and its effects on alternative forms of transport. Outcome: state aid clearance achieved Service: State aid advice Advice on state aid and government sources of funding to a client that had been told that no funding was available by UK government officials. We audited sources of funding, raised questions with key officials both in the UK and EU administrations and identified previous examples of assistance that did not infringe upon EU state aid rules, Outcome: identified suitable sources of permissible grant aid Service: Competition inquiry support Advice to major trade association of smaller retail bodies on the Competition Commission’s 1999-2000 inquiry into supermarkets. Advice was given on how best to feed into the inquiry and on developing the association’s core message and strategy. This included detailed briefing on how to approach an oral evidence session before the Competition Commission. Outcome: small player directly influenced commission inquiry Service: Evidence session training Select committee inquiry advice to major player in the UK financial services industry involved in a high-profile controversy. We prepared the company’s directors for the potentially hostile environment they encountered in the evidence sessions. We provided a pro-active programme involving a mock committee hearing that prepared them for technical questions and political angles likely to arise. Our team also assisted with the drafting of evidence for submission to the enquiry. Outcome: client well-prepared for hostile questioning [About
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