Paris

Ex-post review of merger control decisions: Pros and cons

Law & Economics workshop organised by Concurrences in partnership with Cleary Gottlieb and Compass Lexecon.

INTRODUCTORY REMARKS

Séverine Schrameck opened the discussion by stressing that ex-post merger control is a very hot topic in several countries, among which Germany and France. The French competition authority has communicated several times on that question, especially on the fact that it is in favour of the development of ex-post control in France. Ex-post merger control regimes exist in a number of other countries such as the UK, the main difference being that in the latter the ex-post control is due to the absence of mandatory ex-ante control. In some countries there are both ex-ante and ex-post proceedings.

1. UK PERSPECTIVE

Joel Bamford explained that merger notification in the UK is voluntary : parties to a transaction are within their legal rights to complete the transaction without clearance from the CMA, even if the merger qualifies for being reviewed by the CMA by meeting its jurisdictional thresholds. These thresholds are based on turnover and shares of supply of goods and services.

Photos © Léo-Paul Ridet

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Speakers

  • French Competition Authority (Paris)
  • British Competition Authority - CMA (London)
  • Cleary Gottlieb Steen & Hamilton (Paris)
  • Compass Lexecon (Paris)