Case Study
FTI Technology Provided Complex Document Discovery and Review Services to Vodafone and Three in Historic U.K. Telecommunications Merger
Vodafone and Three agreed to a landmark merger in the U.K., bringing an £11 billion investment to the country, to provide 5G coverage to 99% of the population and benefit more than 50 million customers. After the deal was announced, the Competition and Markets Authority launched an in-depth merger control investigation requiring the collection, review and production of millions of documents from both companies. Slaughter and May, representing Vodafone, and Freshfields, representing Three, separately engaged FTI Technology to lead discovery and document review for both organisations and support the clients’ needs.
Situation
This was a groundbreaking merger, representative of significant market value and consumer impact in the U.K. Both parties faced extensive internal document production requests from the CMA with compressed timeframes. After a Phase 1 inquiry, the CMA escalated its review to an in-depth Phase 2 investigation, leading to further multiple document production requests over an extended period of time. Ultimately, meeting these requests, and avoiding costly delay to the deal’s approval, required intensive work from FTI Technology’s European teams and the clients’ legal teams at Slaughter and May and Freshfields.
Collection, analysis and review efforts for both companies involved sophisticated data workflows to ensure efficient and fulsome collection across cloud platforms, chat applications and collaboration tools used within each of the companies.
Our Role
In recent years, FTI Technology has increasingly been engaged during early stages of merger clearance reviews, including at the pre-notification stage, to help counsel and corporate teams understand the authorities’ document and data production expectations. As the market has adapted to the landscape of challenges, the need for expert forensic technology support has become a standard feature in merger clearance reviews.
Vodafone and Three, alongside their respective legal counsel, recognised the need to engage FTI Technology due to the team’s knowledge and expertise with handling complex document discovery and review requests.
Separate FTI Technology teams were established to service each party, with the implementation of appropriate safeguards. The teams collaborated with the client to enable each organisation to leverage in-house resources where appropriate to further support workflow and cost efficiencies.
Using advanced analytics, technology-assisted review and proprietary workflows, FTI Technology prepared datasets for production to the authorities and reduced costs for both clients. Throughout the review and numerous productions, FTI Technology experts implemented safeguards and methodologies to comply with the CMA’s requests and ensure timely delivery in accordance with its deadlines. FTI Technology provided managed document review services to support first-level review, including multilingual materials.
In close partnership with legal counsel, FTI Technology assisted the clients in meeting timelines for the CMA’s document production requests and in compliance with the CMA requirements.
For their respective clients, Slaughter and May and Freshfields provided specialised legal expertise, each playing critical roles in facilitating the deal’s approval, alongside FTI Technology.
Our Impact
In facilitating on-time document production requests, FTI Technology and the law firms helped the clients secure CMA approval to move forward with the £11 billion investment programme to support transformation of the U.K. telecommunications infrastructure.
Craig Earnshaw
Senior Managing Director
+44 7894 093 762
craig.earnshaw@fticonsulting.com
Jon Chan
Senior Managing Director
+44 (0) 7890 394 763
jon.chan@fticonsulting.com
Glenn Barden
Managing Director
+44 7779 438 677
glenn.barden@fticonsulting.com
Jason Keenan
Managing Director
+44 (0) 7812 760639
jason.keenan@fticonsulting.com
Natalie Jacques
Senior Director
+44 2037 271 363
natalie.jacques@fticonsulting.com