Overcoming hurdles: insights from a monitoring trustee on effective divestiture implementation

Remedies given in the context of merger control remain a fundamental mechanism for preserving competitive markets globally, with divestiture commitments serving as the primary tool to address competition concerns arising from transactions.

Competition authorities increasingly rely on monitoring trustees to ensure that commitments are implemented effectively and that the competitiveness and viability of the divested business(es) are preserved throughout the transaction.

Drawing on our extensive experience overseeing divestiture commitments across multiple jurisdictions, we have provided practical insights into real-world execution challenges that arise during remedy implementation.

Our key messages for ensuring smooth implementation of commitments are:

• Proper definition of the divestment business is essential, particularly in light of enhanced requirements to equip the business with the assets necessary to develop into a long-term competitive force.
• Detailed planning of the sales process, before the first divestiture period begins, will help the seller to maintain momentum and competitive pressure and maximise the prospects of securing a suitable purchaser.
• The considered appointment of the hold-separate manager and implementation of  well-designed incentive schemes for key personnel are critical strategic measures to safeguard the viability of the divestment business throughout the transaction.
• Maintaining close communication with the monitoring trustee and competition authority, and a realistic assessment of the resources and timelines required, are indispensable to ensuring smooth implementation of the commitments.

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We are a leading provider of monitoring trustee, remedies and compliance services. Our dedicated Monitoring Trustee team advises on state aid, merger control and antitrust cases globally. 

Our experts deal with competition authorities and apply competition law and economics drawing on their depth of experience as both regulators and advisors. We have acted as monitoring trustee in 100+ cases involving the implementation of virtually every type of structural and behavioural remedy as well as advisors to the parties to transactions involving complex remedies.

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This article was first published on Global Competition Review in October 2025; for further in-depth analysis, please visit Global Competition Review Merger Remedies Guide (Sixth Edition).