In a world of ever-increasing regulation, KPMG Law supports clients in doing the right thing, generating value from compliance, being prepared for when things may go wrong, and supporting them when they do. We help our clients to understand the legal frameworks that apply in the jurisdictions in which they are located and operate, navigate the often complex regulatory landscape, and achieve their commercial objectives in a compliant way.
If you find yourself faced with the possibility of an investigation by the regulatory authorities, or want to undertake your own internal investigation into possible non-compliance with laws or other obligations, we can assist you in developing defence strategies and investigation tactics, taking account of the need to minimise business disruption, preserve confidentiality and achieve a favourable outcome, as well as supporting you through the process.
Working closely with colleagues across KPMG, our team of legal experts can help you:
Legal solutions for regulatory, competition and ESG
We work closely with other teams within our business, such as KPMG’s forensics and sustainability teams, to provide connected solutions that support you with the day-to-day, the unexpected and in preparing for the future.
With regulation, compliance and governance gaining prominence, pressures on boards to manage risk have never been broader or greater. The ‘G’ component of the environmental, social and governance (ESG) agenda is raising the bar when it comes to making sure your business is well managed, compliant and has a strong governance model.
Competition Law compliance, investigations and disputes
We support clients in understanding the impact of competition rules on day-to-day operations, business decisions, growth strategies, and relationship management. This includes undertaking competition audits and supporting the design and implementation of compliance programmes; assisting clients in understanding the parameters of legitimate cooperation between competitors; advising on the ‘disciplines of dominance’ and advising on the impact of competition law on supply chain issues such as distribution, sales and marketing arrangements, including pricing policies and specific models such as franchising, agency and selective and exclusive distribution.
Regulatory investigations
We support clients that are facing regulatory investigations by the CMA, Ofwat, Ofgem and other regulators in relation to breaches of competition law or other business ethics obligations. This includes negotiating settlement of investigations through the imposition of commitments and providing ongoing monitoring of compliance.
Merger Control and National Security clearances
We advise on regulatory aspects of corporate transactions, including obtaining clearances under UK and international merger control and foreign direct investment regimes, such as the UK’s National Security & Investment Act. When doing a deal, the focus will inevitably be on the core aspects of the transaction; however, understanding how competition and national security law might impact on the mechanics, structure and timing of the deal itself and the surrounding process should not be overlooked. If not managed correctly, it can have a significant impact on the timetable and, in some circumstances, on the viability of the transaction as a whole.
Subsidy control and the Foreign Subsidy Regulation (FSR)
Working as part of a multi-disciplinary team of legal, economic, tax and consulting specialists, we can consider every angle of any potential subsidy from the perspective of those providing, or receiving, the assistance. We also support clients with understanding their reporting obligations under the FSR and managing the underlying data through our KPMG Foreign Subsidies Regulation Management Dashboard.
Sectoral regulation and price controls
Our team has expertise in sectoral regulation in the UK, including advising on price control challenges. Our team has advised on three price control redeterminations in the water sector (PR09, PR14 and PR19) as well as advising on price control appeals in the air traffic control, air transport, and energy sectors. The team also supports clients in regulated sectors, in particular network companies, with day-to-day regulatory issues, including licence compliance, statutory obligations, and the facilitation of competitive markets.
ESG and sustainability
KPMG Law supports clients in navigating the regulatory frameworks that drive sustainability action and compliance across the Environmental, Social and Governance aspects. This includes working closely with KPMG’s ESG advisory teams in the UK and globally to support on reporting and supply chain issues including CSRD, CSDDD and other emerging regulation. The team also supports clients in managing risks associated with greenwashing and the substantiation of sustainability claims in products, services and operations.
Failure to prevent bribery and fraud
Increasingly there is a trend towards legislation that seeks to drive accountability by corporates for the acts of their employees, executives and business partners. To have effective defences to the failure to prevent bribery and fraud offences, companies must put in place proportionate and effective policies and procedures that identify, manage, and monitor risks and mitigate them appropriately. Working closely with our forensics colleagues, we support clients in carrying out risk assessments, designing and implementing compliance frameworks, and investigating potential compliance failures.