Merger control

Abuse of dominance, Antitrust, Big data, Canada, Competition law, Competition policy, Digital competition, Digital markets, Digitisation, E-commerce, E-communications, Enforcement, Merger control, Merger regulation, Mergers, Minority shareholding

(Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

The Davies Forecast of Top 5 Trends and Issues for Canadian Competition Law in 2020 Jim Dinning, Anita Banicevic and Mark Katz Here is Davies’ annual forecast of Canadian competition law developments for the year ahead. 1. FOCUS ON THE DIGITAL ECONOMY Given the Competition Bureau’s stated priorities during the tenure of current Commissioner of…

Guernsey, Jersey, Merger control

(OmniCLES)/ /Leave a comment

CICRA stands for Channel Islands Competition and Regulatory Authorities. This is the competition authority for Jersey and Guernsey, small island jurisdictions located between France and England. CICRA comprises the Jersey CRA and the Guernsey CRA. Both jurisdictions have separate and different merger control legislation, including different merger thresholds. On 21 January 2020, CICRA issued approval…

Abuse of dominance, Cartels, Merger control, Spain

(Pérez-Llorca, Spain)/ /Leave a comment

2019 was an eventful year in Spanish antitrust enforcement. Here is a brief overview of 2019’s major legal changes and relevant developments in relation to Competition law in Spain, as well as what to expect in 2020.        I.         New Administration On 8 January 2020, Mr Pedro Sánchez was reappointed as Spanish Prime Minister….

Antitrust, Canada, Merger control, Merger regulation, Mergers

(Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

Recent Developments in Canadian Merger Review: Sad Holiday Tidings for Merging Parties Charles Tingley, Anita Banicevic, Mark Katz In his own version of the pre-holiday rush, the Canadian Commissioner of Competition challenged one merger transaction just before the Christmas holidays and entered into a consent agreement to preserve assets pending his review of another. The…

Gun jumping, Merger control, Warehousing structures

(Kirkland & Ellis LLP) and (Kirkland & Ellis)/ /Leave a comment

Key takeaways In November, the European Commission (“Commission”) published its much-anticipated reasoning in the Canon/Toshiba Medical Systems Corporation (“TMSC”) merger infringement case.[1]  Through this decision, which resulted in a remarkable €28 million fine against Canon for purely procedural contraventions, competition practitioners have gained further insight into the Commission’s standpoint on the use of warehousing structures…

Composite combinations, India, Merger control

(NALSAR University of Law) and (Institute of Law, Nirma University)/ /Leave a comment

Introduction Sections 5 and 6 of the Competition Act, 2002 [‘the Act’] provide the basic statutory framework for merger control in India. The Report of the Raghavan Committee, which played an instrumental role in the formulation of the Act, contemplated the Indian Competition Law regime to be one of pre-notification in order to elude the…

Merger control, United Kingdom

(Kirkland & Ellis)/ /Leave a comment

In his letter to Government[1] from February this year, the Chairman of the UK Competition and Markets Authority (“CMA”) proposed the introduction of a mandatory and suspensory notification regime in the UK for “larger mergers”. The adoption of this proposal would result in the creation of a hybrid regime in the UK, with the notification…

Bulgaria, Merger control

(Spasov & Bratanov) and (Kambourov & Partners)/ /Leave a comment

By 19 July 2018 the Bulgarian competition authority (“the Bulgarian NCA”/ “CPC”) had never blocked a transaction in a merger control procedure.[1] Since then, CPC has prohibited a total of 4 concentrations[2], including proposed acquisitions of the Bulgarian subsidiaries of CEZ A.S. (“CEZ BG group”) by various investors twice.[3] The last prohibition occurred on 24…

European Union, Merger control, Misleading information, Türkiye

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Mergers and acquisitions are effective tools for boosting innovation and commercial advancement. With the rising globalism in the circulation of goods and services, undertakings are forced to seek mutually beneficial collaborations to refrain from being outmaneuvered by the creative destruction that defines the way of doing business in the modern day. Vertical integrations that may…

Bulgaria, Merger control

(Kambourov & Partners)/ /Leave a comment

Bulgarian administrative law sets the bar high for legal interest of third parties not being an addressee of an administrative act to appeal the latter. A notorious example for the lofty threshold is the case regarding the revocation of the license of Corporate Commercial Bank. The majority shareholder in the bank appealed the revocation of…