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

Concentrations are notified to the Service of the Commission for the protection of competition. 
Under the 1999 Act, concentrations of major importance had to be notified to the Service in writing not more than one week from the date a relevant agreement was concluded, a relevant offer of purchase or exchange publicized, or a controlling interest acquired, whichever occured first. The 2014 Act abo …

Merger notification

Concentrations are notified to the Service of the Commission for the protection of competition. 

Under the 1999 Act, concentrations of major importance had to be notified to the Service in writing not more than one week from the date a relevant agreement was concluded, a relevant offer of purchase or exchange publicized, or a controlling interest acquired, whichever occured first. The 2014 Act abolished the one week deadline and from its entry into force the only requirement has been that notification be made after the closing of the agreement and before its implementation. An earlier notification is nonetheless available where the parties show a bona fide intention of signing an agreement or making a public offer.

Notification may be made jointly or separately by those parties participating in the Act or by a sole party acquiring control.

A standard notification form detailing the information required from the parties is provided in Annex III of the Act. In particular, parties must now calculate the HHI index before and after the transaction.

	A filing fee of EUR 1,000 is due at the time of notification. An additional EUR 6,000 fee is incurred where a phase II examination is necessary.

The Service investigates the case then draws up a report which it communicates to the Commission for the Protection of Competition, setting out its reasoned opinion as to whether the concentration should be declared compatible (phase 1). Thereafter, the Commission decides whether to allow the merger or to launch a full inquiry (phase 2), with the latter usually being decided within one month of receipt of the notification. Pursuant to Section 18, the Commission must examine the competitive status of a concentration as soon as it receives notification and decide to launch a full investigation where it considers that the notified operation comes within the scope of the Act and raises serious doubts as to its compatibility with a competitive market. Second stage investigations last for a period of four months and are brought to an end by a Commission decision that takes into consideration a report from the Service. A positive decision clears any restrictive agreement directly related to and necessary for the implementation of the merger.

Global Competition Law

136. Merger notification

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Les notions juridiques connexes

136. 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