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ARTICLE · 20 APRIL 2015

Competition Time - Syndicated Lending

Fieldfisher
Fieldfisher
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The LMA has been reasonably active in the past 12 months highlighting competition law (both UK and EU) risk when it comes to syndicated lending.

United KingdomFinance and Banking

The LMA has been reasonably active in the past 12 months highlighting competition law (both UK and EU) risk when it comes to syndicated lending.  A 2014 guidance note and recent updates to the pro forma Mandate Letters and Confidentiality and Front Running Letter for Primary Syndications Letters seek to address some of the concerns.  BUT it is not enough just to use these blindly - as an arranger, agent, security trustee or syndicate member, you need to know how to behave and how not to behave.  If you don't play nice and fall foul of competition law, you could be personally, even criminally liable.  We can help you to understand and manage your risk.

What is the risk?

That potential or actual syndicate members (be they lenders, arrangers, agents or security trustees etc) act in a way which is deemed to be anti-competitive – if found in breach (either as a result of investigation by the authorities or through a direct complaint by a borrower), the

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