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

If the thresholds are met, the notification is mandatory. There is no specific deadline provided by the 2007 Act or the Regulation of the Council of Ministers of 17 July 2007 concerning the notification of the intention of concentration of undertakings. However, the concentration must not be implemented until the issuance of the decision by the President of the Office or the lapse of the time-limi …

Merger notification

If the thresholds are met, the notification is mandatory. There is no specific deadline provided by the 2007 Act or the Regulation of the Council of Ministers of 17 July 2007 concerning the notification of the intention of concentration of undertakings. However, the concentration must not be implemented until the issuance of the decision by the President of the Office or the lapse of the time-limit in which such a decision should be issued (2 months).

Specific exemptions exist in the case of a concentration between undertakings that are within the same capital group, for financial institutions or in the case of acquisitions of assets to secure debts.

The President of the Office will return incomplete notifications to the notifying party within fourteen days of receipt, pointing out the errors to be eliminated or the supplementary information that is necessary.

Since 1 January 2017, the filing fees have been set at approximately EUR 3,580.

Before the 2014 amendments, the investigation had to be completed within two months of receipt of the notification (in practice much longer deadlines applied) and merger proceedings were one-phase proceedings.

The amendments institute a two-stage procedure, very similar to the system defined in the EU Merger Regulation and significantly shorten the examination deadlines. Cases not raising competition concerns will have to be dealt with within one month, whereas more complex cases will have to be scrutinized within four additional months. Further, the Office will be able to express its competition concerns before the adoption of its final decision, enabling the merging parties to offer commitments to avoid a prohibition of their transaction. 

Global Competition Law

563. Merger notification

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Les notions juridiques connexes

563. 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