ECIJA Ecuador presents a new briefing note prepared by its Corporate M&A and Competition Area, led by Michael Veintimilla, with the contribution of Bernardo Maya (Of Counsel) and Luis Vicente Bueno Montero (Associate), which examines a critical aspect in corporate transactions: the due diligence carried out by a competitor.
In the context of mergers and acquisitions, access to commercially sensitive information, such as customer data, pricing policies, margins, commercial strategies or cost structures, can generate significant risks from a competition law perspective. Even if the transaction ultimately does not go through, simple access to this information may give rise to regulatory contingencies or challenges by authorities.
The note addresses the main exposure scenarios and highlights the importance of implementing preventive mechanisms to reduce risks, such as the segmentation of information, the creation of data rooms with strict access controls, robust confidentiality agreements and the intervention of independent teams or "clean teams" when necessary.
With this analysis, ECIJA Ecuador reaffirms its commitment to assist companies and investors in structuring secure transactions, aligned with corporate best practices and applicable competition standards.
We invite you to review the full briefing note to know in detail the risks identified and the practical recommendations.
