Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Before 1 June 2017, there was no general pre-merger notification and review requirement. Mandatory pre-merger notification was only required for transactions involving television and radio. In such cases, a 30 day notice period was required.

Following the Guide on Pre-Notification of Concentration issued by the FNE in May, 2021, it is now possible for any undertaking having a merger project, to a …

Merger notification

Before 1 June 2017, there was no general pre-merger notification and review requirement. Mandatory pre-merger notification was only required for transactions involving television and radio. In such cases, a 30 day notice period was required.

Following the Guide on Pre-Notification of Concentration issued by the FNE in May, 2021, it is now possible for any undertaking having a merger project, to ask for answers or for a formal ruling on any question or doubt that may arise in there case regarding procedurals or substantials aspects of the Merger legislation. 

The 30 August 2016 amendments, which entered into force on 1 June 2017, introduce a mandatory notification obligation for all mergers reaching the thresholds provided for in Section 48 of the Act and FNE Resolution No 664 of 24 November 2016. Under Section 48, the parties must notify the transaction to the FNE before completion. A simplified procedure with less red tape will subsequently be established for certain transactions. Section 49 of the Act sets forth a suspension obligation until the FNE adopts its final decision.

FNE's Regulation No 33 of 1 March 2017 on the notification of merger transactions details the information required from the notifying parties, and the scheme for simplified notifications. The Regulation is accompanied by an ordinary notification form and a simplified notification form.

The 30 August 2016 amendments introduced a two-phase review of mergers similar to the system existing in many countries. Within ten days of notification, the FNE must determine whether notification is complete or not. If it is not, the FNE grants ten additional days to the parties to provide any lacking information. Where those deadlines are not met, the notification is deemed to be withdrawn (Sections 50 and 58). If the investigation proceeds, the FNE has thirty days to clear the transaction, with or without commitments or must inform the parties of the initiation of an in-depth investigation, which must be carried out within ninety additional days (Section 54). Within 20 days of the initiation of phase II proceedings, any interested party, including competitors, clients or consumers, may submit their observations to the FNE. Finally, the FNE can either clear the transaction unconditionnaly, make it subject to commitments or prohibit the merger. If no decision is taken within the ninety-day time-limit, the transaction will be deemed to be cleared.

Global Competition Law

907. Merger notification

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Les notions juridiques connexes

907. Merger notification

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise