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Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.

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We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.

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Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.

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Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.

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We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone. 

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Competition law

Competition law

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Ogier has one of the largest competition law teams in the Channel Islands and has arguably been involved in more merger approval and exemption application filings than any other team in the Channel Islands.

Our clients include financial institutions, well known global organisations, and businesses local to the Channel Islands.

Competition law in each island is subject to its own legislation and its own regulator - the Jersey Competition Regulatory Authority (JCRA) and the Guernsey Competition and Regulatory Authority (GCRA), which operate under the collective name of the Channel Island Competition and Regulatory Authorities (CICRA).

CICRA regulates the three main pillars of competition law - anti-competitive agreements, abuses of a dominant position and mergers and acquisitions. Of these, it is the third pillar that gives rise to most concerns for our clients due to the increase in mergers and acquisitions we are seeing with a Jersey and/or Guernsey nexus.

Our experts can help clients to understand the differences between the jurisdictional thresholds for notifiable transactions in Jersey and Guernsey - Jersey applies a share of supply or purchase test and Guernsey a turnover test - and that the merger approval regimes are mandatory and suspensory.

Furthermore, in addition to CICRA's powers to levy behavioural, structural and financial remedies, notifiable transactions relating the change in ownership of a Jersey or a Guernsey company are rendered void as a matter of law if CICRA has not approved the transaction prior to completion.

We advise on:
  • Whether a transaction is caught by one or both of the merger approval jurisdictional tests in Jersey and/or Guernsey
  • Leading or working alongside lead counsel in preparing merger applications and liaising with CICRA throughout process, from pre-notification to agreeing the confidential form of the decision
  • Advising on the risks of a transaction entering into a second detailed review (analogous to the Commission's Phase 2 review).
  • Advising whether an arrangement constitutes an anti-competitive arrangement
  • Advising on and submitting individual exemptions in respect of an arrangement that would otherwise be prohibited as being anti-competitive
  • Advising on whether an arrangement constitute a cartels or bid rigging and the possible application of CICRA's leniency policy
  • Advising on potential abuses of dominant positions

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