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

Under the Competition Act 2002, notification had to be made within one month of an offer capable of acceptance where the control thresholds were triggered. The 2014 Act now allows for an earlier notification of transactions, i.e. where the parties demonstrate a good faith intention to conclude an agreement.
An EUR 8,000 fee must accompany the notification.
Under Section 19, a notified merger canno …

Merger notification

Under the Competition Act 2002, notification had to be made within one month of an offer capable of acceptance where the control thresholds were triggered. The 2014 Act now allows for an earlier notification of transactions, i.e. where the parties demonstrate a good faith intention to conclude an agreement.

An EUR 8,000 fee must accompany the notification.

Under Section 19, a notified merger cannot be put into effect until the Competition and Consumer Protection Commission has handed down its decision.

Since 1 July 2020, a simplified merger notification procedure has been available for operations that do not raise competition concerns. The simplified procedure applies where (i) none of the undertakings involved are active in the same market or in any upstream or downstream market, (ii) two or more of the undertakings involved are active in the same market but their combined market share is below 15%, (iii) one or more undertakings involved are active in a market upstream or downstream to another undertaking, but the market share of each undertaking is below 25%, or (iv) an undertaking which already has joint control over a company acquires sole control of that company. 

Undertakings notifying mergers under the simplified procedure must use the standard CCPC Merger Notification Form but are not required to complete certain sections of it. 

Once the Competition and Consumer Protection Commission (CCPC) is notified of an operation of concentration it must either:

- clear the merger on the grounds that it does not substantially lessen competition within 30 working days since the 2014 Act (previously a calendar month); or

- open a Section 22 full investigation which, since the 2014 Act, may last up to 120 working days (previously four months). 

After the full investigation is carried out, the Authority must:

- subject its clearance to commitments entered into by the parties.

In the course of the merger investigation, the Competition Authority may:

- consider submissions made by the public or the undertakings concerned by the merger;

- consider measures that may cancel out the anticompetitive effects of the merger (commitments offered by the parties may extend the abovementioned deadlines);

- require the submission of further information from the undertakings involved. The 2014 amendments introduced a “stop-the-clock” mechanism in the Phase II proceedings, which was previously available only for Phase I proceedings, where additional information is needed. 

In carrying out its duties, the CCPC pursuant to Section 31 of the Competition Act 2002, may summon witnesses on oath.

Further, investigating officers, under Section 45 of the Act, have the power to enter premises where authorized by a District Court warrant and may seize any documents or interview persons connected to the matter under investigation.

Global Competition Law

413. Merger notification

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Les notions juridiques connexes

413. 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