Mitigating EU Antitrust Liability Risk in Private Equity Deals

February 2021

Private equity firms could be liable to pay hefty fines for violations of EU antitrust law committed by the companies they invest in.

For example, on 28 January 2021, the European Court of Justice upheld a €37.3 million fine on Goldman Sachs for the participation by its indirect investment company, Prysmian, in a global undersea-cable cartel.

After a summary of this recent case by way of background, this brief commentary summarises the law and practice on EU antitrust liability in the context of private equity deals and identifies some practical steps to reduce or eliminate antitrust risks.