Turnover thresholds

Gun jumping, Merger control, Merger notification, Merger Thresholds, Mergers, Portugal, Turnover allocation, Turnover thresholds

, (Morais Leitão)/ /Leave a comment

As in most jurisdictions, the Portuguese Competition Act (‘PCAct’) provides for an ex-ante merger control regime, according to which concentrations above certain thresholds are subject to mandatory pre-notification. Three alternative thresholds apply i) a turnover threshold, ii) a standard market share threshold and iii) a de minimis market share threshold (see Article 37 of the PCAct)….

Abuse of dominance, Austria, Digital markets, Dominance, Exemptions, Foreign direct investment, Foreign investment, Jurisdiction, Merger control, Merger Thresholds, Relative Market Power, Sustainability, Turnover thresholds

(Michael Mayr EU and Austrian Competition Law)/ /Leave a comment

On 10 September 2021, certain significant changes to Austria’s competition law entered into force, although some of the merger control related changes will apply only as of 1 January 2022: Merger control. The amendments include a revision of Austria’s revenue-based merger control threshold, the introduction of the significant lessening of competition test, and a broadening…

Merger control, Merger Thresholds, Turnover thresholds, Ukraine

, (Redcliffe Partners)/ /Leave a comment

On 28 October 2020, the Antimonopoly Committee of Ukraine (the “AMC“) submitted to the Ukrainian Parliament the proposed amendments to the draft law introducing new merger filing thresholds in Ukraine. The amendments have been developed by the AMC in co-operation with competition law experts from the EU and the USA. According to the public statements…

European Union, General Court of the European Union, Joint ventures, Market definition, Merger control, Remedies, Turnover thresholds

(Latham & Watkins LLP)/ /1 Comment

The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) confirms that when the true players behind the transaction are the parent companies, rather than the JV — because they did the deal valuation, negotiated the transaction structure, and determined the purchase price — the…

Austria, Gun jumping, Merger control, National court, Turnover allocation, Turnover thresholds

(E+H Attorneys-at-Law) and (EISENBERGER & HERZOG Rechtsanwalts GmbH)/ /Leave a comment

Antitrust lawyers often work under time pressure when assessing the relevant thresholds to determine where a merger filing must be submitted. They usually keep the requests concerning turnover to a minimum, because turnover is generally attributed to where the customer is located. However, if the parties are not familiar with the geographic allocation rules under…

Bulgaria, Merger control, Turnover thresholds

(Eversheds Sutherland, Bulgaria) and (Tsvetkova, Bebov and Partners)/ /Leave a comment

The Bulgarian Supreme Administrative Court (“SAC”) in a 5-member panel (acting as final instance) has annulled the decision of the 3-member panel of the SAC (acting as second instance) regarding the appeal of a decision of the Bulgarian Commission for Protection of Competition (“BCPC”). The ground for annulment is the lack of analysis of the…