Case Study
FTI Technology Provides Complex, Time-Sensitive Investigation and Document Review for MÁSMÓVIL and Orange in International EU Merger
After entering an agreement to a largescale 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. The parties engaged FTI Technology to lead discovery and document review for both organisations and support the needs of the merger review before its approval in February 2024.
Situation
MÁSMÓVIL and Orange were under scrutiny and were required to meet the typical compressed timeframes and extensive internal document production obligations from the European Commission that are now a standard feature in merger clearance reviews.
To fulfil the request from the authorities on time, the companies needed to implement a plan to enable rolling document reviews and productions, requiring aroundtheclock work from the combined FTI Technology and counsel team. To add to the complexity, there were also heightened sensitivities about the justification for withholding any documents due to privilege. 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 Technology 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. Several parties involved in the transaction had worked with FTI Technology’s experts on previous matters and trusted the team to deliver successfully for the entire review.
Our Role
The FTI Technology team collected and processed large volumes of data, including Microsoft 365 email, OneDrive and Teams, corporate laptops and file servers, from sources in France, Spain and the U.K., for custodians within both Orange and MÁSMÓVIL, as well as other sponsors.
After extraction, de-duplication and application of the relevant date ranges, the team helped massively reduce the volume of documents eligible for consideration.
The 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.
“FTI’s exceptional support in the discovery and document review process greatly expedited our work, enabling MÁSMÓVIL to meet the stringent deadlines set by the European Commission. Their dedication and efficiency were instrumental in navigating complex timelines.”
- Jaime Huete Ormaechea, Head of Integration and Strategic Projects, MÁSMÓVIL
Our Impact
Working in close partnership with both parties and counsel, FTI Technology’s experts and workflows significantly reduced documents from the review set for both parties. They successfully delivered an on-time, fulsome and compliant document review and investigation on behalf of MÁSMÓVIL and Orange, which contributed to satisfying the requirements of the European Commission and the merger ultimately being approved.
Craig Earnshaw
Senior Managing Director
Thomas Sely
Senior Managing Director
Glenn Barden
Managing Director
Guillaume Gilbert
Managing Director
Alex Semertzides
Managing Director
Laura Hayter
Senior Director