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

Undertakings are required to notify the Competition Council of any proposed merger (Article 13 of Act No 104-12). The Act does not mention a specific time-limit for the notification, but it must take place before completion of the merger and can be completed as soon as the parties involved are able to present the merger in sufficient detail for the review to take place.

Since Act No 104-12, a sim …

Merger notification

Undertakings are required to notify the Competition Council of any proposed merger (Article 13 of Act No 104-12). The Act does not mention a specific time-limit for the notification, but it must take place before completion of the merger and can be completed as soon as the parties involved are able to present the merger in sufficient detail for the review to take place.

Since Act No 104-12, a simplified notification procedure is possible.

The content of the notification is attached to Decree No 2-14-652. Commitments may be included with the notification. 

Notification suspends implementation until the transaction is cleared (Article 14).

The Council publishes a note on the projected merger on its website upon receipt of the notification, detailing the parties involved, the type of operation, the business areas, the time period in which third parties can present comments and a non-confidential version of the operation as provided by the parties (Article 10 of Decree No 2-14-652).

Under Article 15 of Act No 104-12, the Competition Council must take a decision within 60 days from receipt of a complete notification. If the parties submit commitments to remedy the anticompetitive effects of the transaction, the deadline is extended by 20 days. The Competition Council may either deem that the transaction does not come within the scope of the Act, clear the transaction or decide to launch phase II proceedings. 

Where no response is forthcoming after a period of 60 days, the Competition Council must refer the case to the Prime Minister who has 20 days to decide if it will require phase II proceedings. Upon expiry of the 20 day deadline without any action being taken, the transaction is deemed to be cleared (Article 18).

Phase II proceedings opens a 90-day period. If the parties offer remedies in the last 30 days of the time period, the deadline is extended by 30 additional days. The Competition Council may either clear the transaction, subject to the effective implementation of the proposed commitments or of conditions or charges, or prohibit the transaction. If no such decision is taken within the deadline, the Competition Council must refer the case to the Prime Minister who has 30 days to decide if it will personally take on the case on grounds of general interest other than the maintenance of competition. If the Prime Minister does not take the case, the transaction is deemed to be cleared.

Global Competition Law

1134. Merger notification

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Les notions juridiques connexes

1134. 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