Merger notification

India, Merger control, Merger fees, Merger notification, Merger regulation, Mergers

, , , (Khaitan & Co )/ /Leave a comment

The Indian merger control framework is governed by the Competition Act, 2002 (Act) and The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). To re-align with evolving regulatory needs and streamline processes, Combination Regulations have been reformed periodically. Earlier this year, the Competition (Amendment)…

European Commission, European Union, Foreign subsidies, Foreign Subsidy Regulation, Merger notification, Mergers

, , , , , , , , , (White & Case)/ /Leave a comment

The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint. The Foreign Subsidies Regulation (“FSR”) is the European Commission’s attempt to level the playing field for M&A deals by creating…

Abuse of dominance, Concentrations, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Dutch clause, European Commission, Ex ante regulation, Merger control, Merger notification, National competition authorities (NCAs), Platforms

(University Villanueva, Spain)/ /Leave a comment

On 14 July 2023, the European Commission launched its second template relating to the gatekeeper’s compliance with Article 14 of the DMA (the Template), i.e., their obligation to inform about any intended concentration involving core platform services or any other services in the digital sector or enabling the collection of data (Article 14(1) of the…

Abuse of dominance, Advocate General, European Court of Justice, Ex ante regulation, Judicial review, Merger control, Merger notification, Merger Thresholds, Mergers

, , , , (White & Case)/ /Leave a comment

The long-awaited European Court of Justice’s judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national merger control thresholds and were not referred to the European Commission under Article 22 of the EU Merger Regulation. However, uncertainties still remain….

Bahrain, Competition enforcement, Kuwait, Merger control, Merger notification, Merger regulation, Merger Thresholds, Mergers, Oman, Qatar, Saudi Arabia, UAE

(KARM Legal Consultants) and (Symbiosis International University)/ /3 Comments

Are big companies necessarily bad? If they are, how can we ensure that companies do not become too big and too bad? How can markets remain free, fair and competitive? Competition law has tried to answer these questions for centuries, with the most recent debates revolving around the alleged anti-competitive conduct of large tech companies….

European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Fundamental rights, Merger control, Merger notification, Mergers, Public procurement

(Norton Rose Fulbright, Belgium)/ /Leave a comment

The European Union’s (EU’s) new Foreign Subsidies Regulation (FSR), entered into force on January 12, 2023.  The FSR creates a unique new quasi-antitrust regime to combat distortions of competition in the EU internal market caused by subsidies multinationals receive outside the EU.  It imposes new mandatory notification and approval requirements for acquisitions of significant EU…

Merger control, Merger notification, Merger Thresholds, Mergers, Türkiye

(ICR Economic Research)/ /Leave a comment

In Turkey, a Phase II review takes 228 days on average, almost eight months from the day of merger notification. Although the Turkish Competition Authority (“TCA”) has prohibited only five proposed transactions during its 25-year tenure, both behavioural (11 cases) and structural remedies (15 cases) were imposed. The TCA conducted merger simulations in four cases,…

Australia, Brazil, Egypt, European Union, Merger control, Merger notification, Mergers, Ukraine

, , , , , , , , , , , , , , , , , , , , (White & Case) and (White & Case, Belgium)/ /Leave a comment

Key Highlights The Ukraine War: Merger filing activity in Ukraine was down 61% compared to 2021, but the Ukrainian competition authority throughout 2022 reviewed over 300 mergers and continued to initiate merger investigations. Brazil filing activity rose steeply, up 47% compared to the five-year average for the same period (January – November) and up 6%…

Abuse of dominance, Belgium, Digital Markets Act, Ex post regulatory assessment, Killer acquisitions, Merger notification, Merger regulation, Mergers, National competition authorities (NCAs)

(Leiden University)/ /1 Comment

The impressive acceleration in mergers and acquisitions, combined with the promotion of disruptive business strategies, has put the ‘regulatory gap’[1] paradox at the heart of the current European merger control policy debate. While the current EU merger control regime risks fragmentation with the advent of the new Guidance on Referral Mechanism and the Digital Markets…

Abuse of dominance, Advocate General, European Court of Justice, Four-to-three Merger, General Court of the European Union, Guidelines, Horizontal, Judicial review, Merger control, Merger notification, Merger Thresholds

, , , , (White & Case) and (White & Case, Belgium)/ /Leave a comment

Advocate General Kokott has found [1] that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was overly broad, notably in relation to economic evidence.   Key takeaways This case will give the Court of…