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

Where the ACM gives notice to the notifying party that a license is required because a dominant position could be created, the concentration may not be implemented until a license is received (Section 41). Applications for a license are submitted to the ACM, providing any business information that is reasonably necessary (Section 44), as well as the specific information required by general adminis …

Proceedings before the ACM

Where the thresholds set in the Act are met, a concentration must be notified to the ACM prior to its implementation.

No specific deadline for filing a notification is specified in the Act. The ACM has four weeks from the date of notification to determine whether a license is required and the concentration cannot be implemented during this four-week period (Section 34).

The implementation of a concentration during the notification period or the failure to apply for a license leads to the nullity of the concentration. There are two exceptions to the prohibition of Section 34 on implementing a concentration prior to authorization. Firstly, Section 39 provides that prior notification is not required where the concentration is a public acquisition or exchange bid aimed at the acquisition of a share in the capital of an undertaking. Secondly, Section 40 authorizes the ACM to grant an exemption from the prohibition set in Section 34, at the request of the notifying party, for “serious reasons.” Frequently, an exemption of this sort is made subject to restrictions or commitments.

The ACM may require the notifying party to provide further information if the information provided is insufficient and the running of the four-week period is suspended until the information is received (Section 38). If the ACM fails to provide notice that a license is required within the four week period, then no license for the concentration is required (Section 37).

The filing fees are set at EUR 15,000 for a notification and EUR 30,000 for a license request.

Merger notification

Where the ACM gives notice to the notifying party that a license is required because a dominant position could be created, the concentration may not be implemented until a license is received (Section 41). Applications for a license are submitted to the ACM, providing any business information that is reasonably necessary (Section 44), as well as the specific information required by general administrative order (Section 42).

  The implementation of a concentration for which a license is required is prohibited. However, for “serious reasons”, the ACM may grant an exemption (Section 46). Such exemption may be granted subject to conditions and restrictions.

  The ACM issues a decision on the license application within thirteen weeks of receipt of the file (Section 44). Where no decision is issued within this period, the application is deemed granted. Alternatively, the concentration is declared void within thirteen weeks of the notice that a license is required in cases where the license is refused or no application for a license is submitted within four weeks of receipt of the notice (Section 39).

Where the ACM refuses permission, a request to the Minister must be made within 4 weeks of the date that the ACM's decision refusing the license becomes final, and the Minister's decision must be issued not later than 12 weeks thereafter (Section 49). Review of any appeals from the ACM's decision is suspended pending a final decision of the Minister for Economic Affairs.

Global Competition Law

758. Proceedings before the ACM

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Les notions juridiques connexes

758. Proceedings before the ACM

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