Merit Olthoff

About Merit Olthoff

Merit’s practice covers EU and German competition law with a focus on digital regulation 

Based in our Brussels office, and also a core member of our German antitrust team, Merit’s practice covers all aspects of EU and German competition law, including cross-border merger control and foreign investment screening.  She is actively engaged in the EU’s Foreign Subsidies Regulation and co-heads the firm’s internal skills group. Merit has a particular expertise in the EU’s Digital Markets Act and digital platforms regulation, guiding global tech clients from compliance to the enforcement phase while responding to litigation risks. 

Her practice also covers antitrust investigations, as well as EU state aid procedures before the European Commission and EU Courts and advice at the forefront of green transformation and its funding.

Her clients include tech companies, financial institutions, private equity firms and industrials in transformation.

Recent work

• A global tech company on the European Commission's high profile Digital Markets Act (DMA) and in challenging its DMA designation before the EU Courts in Luxembourg.
• Multiple clients on all aspects of the Foreign Subsidies Regulation (FSR), including assisting in M&A and public procurement notifications and helping setting up internal compliance systems.
• CDPQ on merger control and foreign direct investment aspects of various investments and acquisitions globally.
• Warburg Pincus on merger control and foreign direct investment aspects of various investments and acquisitions in Europe.
• Aon in relation to the European Commission’s review of its $29.9bn merger with Willis Towers Watson, securing clearance at Phase II.  The EU clearance has been described by commentators as a decision that “would give hope to industry-changing deals”.
• gategroup on the merger control and state aid aspects of its acquisition of the European business of Lufthansa’s subsidiary LSG Sky Chefs.  EU clearance of the deal involved structural remedies which were later (partially) waived by the European Commission – a very rare outcome in EUMR Phase I merger remedies cases.
• Meyer Turku shipyard on state aid aspects of liquidity and equity measures for Finnish subsidiary of Meyer Werft.
• Major multinationals from across different business sectors on the European Commission's investigations into state aid through tax regimes, including appeal procedures before the European Courts; and a global tech company on its successful termination of a Commission investigation into fiscal aid.
• HSH Nordbank (now Hamburg Commercial Bank) on its successful privatisation process under EU state aid and merger control rules.
• A global industrials company on a fundamental review of its corporate strategy towards green transformation, including identifying EU and national government funding sources.
• Anheuser-Busch InBev on its $106bn acquisition of SABMiller, which created one of the world's largest consumer goods companies.  The deal was subject to regulatory clearances in more than 30 countries and required remedies, including a significant disposal of assets across the US, Europe and Asia, and public interest commitments in several jurisdictions.