We are advising Syngenta regarding a transaction for the acquisition of 100% of the business units of a company in the following subsegments: (i) Crop Protection, (ii) Biological/Nutrition and (iii) Seeds. In addition, we have assessed the sales and the assets of each of the parties regarding the calculation of the thresholds in order to verify if it was mandatory to notify the transaction before the Competition Authority under the provisions of the Merger Control Legal Framework.
On the other side, we have advised our client within the terms of the SPA’s draft in relation with the Merger Control effects and the ex officio power of the Competition Authority to review transactions that have been concluded within one year of their closing.
Finally, in this transaction we have assessed the costs, benefits and alternatives the parties may have regarding the closed number to reach the thresholds and the important markets shares the purchaser may acquirer as a result of the transaction, which may cause our client to hold a relevant position within the subsegments and/or dominant position. Therefore, we are continuing with the advisory until the transaction is over.