Equity and governance

Workshop organised by Concurrences Review in partnership with Paul Hastings.

Pierre Kirch

Among the thousands of mergers carried out in OECD countries every year, some are subject to merger control not only at Community level and/or in France, but also in the rest of the world. This morning, we are going to focus on French law and more particularly on the concept of control, in the sense of control of one company by another, which is at the heart of merger law.

Our main working tool in the exercise of merger control is the corpus of decisions issued by the competition authorities in this area. The Competition Authority publishes about 200 reasoned decisions each year that we can use in our reasoning. In addition, the Authority’s decision-making practice is set out in its Merger Control Guidelines of 10 July 2013. As for the Commission’s 2008 Consolidated Jurisdictional Notice, it explains the basic concepts in the light of the Commission’s decisions. Today we have the honour of welcoming Charles Bertin, whose presence confirms the Authority’s historic commitment to dialogue with companies and their counsel.

Photos © Léo-Paul Ridet

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  • French Regulatory Authority for Electronic Communications, Post and Press distribution - ARCEP (Paris)
  • Paul Hastings (Brussels)