Slide number 1
Several parties involved in the transaction had worked with FTI Consulting experts on previous matters and trusted the team to deliver successfully for the entire review.
Merger Cleared
Providing Complex, Time-Sensitive Investigation and Document Review for the MÁSMÓVIL and Orange Merger
Merger Cleared
Providing Complex, Time-Sensitive Investigation and Document Review for the MÁSMÓVIL and Orange Merger
Key Contacts
A cross-jurisdictional merger under scrutiny — and facing a compressed merger clearance review timeline.
After entering an agreement to a large-scale and complex cross-jurisdictional merger between telecommunications providers MÁSMÓVIL and Orange, both parties had to collect, review and produce internal documents as part of an extensive merger clearance investigation by European competition authorities.
To fulfil the request from the authorities on time, the companies needed to implement a plan to enable rolling document reviews and productions. To add to the complexity, there were also heightened sensitivities about the justification for withholding any documents due to privilege. The parties engaged FTI Consulting to lead discovery and document review for both organisations and support the needs of the merger review before its approval in February 2024.
Our Impact
The team successfully delivered an on-time, fulsome and compliant document review and investigation on behalf of both parties, which contributed to satisfying the requirements of the European Commission and the merger's ultimately being approved.
Slide for A person with blonde hair wearing glasses and a beige blazer writes on paper at a conference table, with two colleagues and a large screen in the background.
Working in close partnership with both parties and counsel, FTI Consulting’s experts and workflows significantly reduced the number of documents in the review set.
Slide number 3
The European Commission gave its final approval in February 2024.
In crisis and transformation,real-world experience delivers.
Our Role
Round-the-clock work and a high degree of quality control
The tight timelines made it difficult to review the documents for personal and privileged information fully, so the team needed to establish a high degree of quality control to identify privileged information and document why it was withheld from the production set. Stakeholders within MÁSMÓVIL and Orange selected FTI Consulting for the full force of its merger clearance review experience and international capabilities across digital forensics and e-discovery for document preservation, collection and processing, as well as the ability to deliver comprehensive managed document review.
FTI Consulting collected and processed large volumes of data, including Microsoft 365 email, OneDrive, Teams, corporate laptops and file servers, from sources across France, Spain and the UK, for custodians within both Orange and MÁSMÓVIL, as well as other sponsors.
Experts implemented safeguards and methodologies to sufficiently and fairly represent both sides, reduce any risk of conflicts and ensure efficient and defensible review within the regulator’s timeframes and requirements.
Through extraction, de-duplication and application of the relevant date ranges, the team helped massively reduce the volume of documents eligible for consideration.
Real-world experience that delivers.
See why FTI Consulting is the leading global expert firm for organisations facing crisis and transformation.
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