Notification

Institution Definition

Formal information which firms provide to the Commission under EU merger law in certain situations. The Merger Regulation obliges undertakings to notify any concentration of Community dimension to the Commission on the basis of form CO, normally within one week of the conclusion of the concentration agreement. The participating undertakings are not allowed to put the concentration into effect before its notification and before the Commission has declared it compatible with the common market. © European Commission

Articles

Romain Ferla Exemption from the suspensive effect of merger control: Should European and French decision-making practices be harmonized?

May 2022

The standstill obligation in merger control procedures is not an absolute principle. Both the French Competition Authority and the European Commission recognise the possibility of exceptional derogations to this principle. In times of crisis, requests for such derogations are more frequent, and (...)

Catherine Prieto EU Competition Law, Volume II: Mergers and Acquisitions (ed.3), JONES Christopher et WEINERT Lisa (dir.)

May 2022

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Thibault Sire The uneven playing field: How to deal with foreign subsidies when assessing mergers?

February 2022

It is sometimes argued that the European Commission should take into greater consideration foreign subsidies when assessing mergers under the EU Merger Regulation. However, the Commission’s decision-making practice confirms that foreign subsidies may be relevant for the assessment of mergers but (...)

Morten Broberg Broberg on the European Commission’s Jurisdiction To Scrutinise Mergers (ed.4), Morten P. BROBERG

December 2013

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

American Bar Association Premerger Notification Practice Manual (ed.5), American Bar Association

May 2015

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Caroline Cauffman, Hao Qian Procedural Rights in Competition Law in the EU and China, Caroline CAUFFMAN and Qian HAO

September 2016

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Jean-François Bellis, Porter Elliott Merger Control (ed.3), Jean-François BELLIS and Porter ELLIOTT

November 2017

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Fevzi Toksoy, Bahadır Balkı, Hanna Stakheyeva Merger Control in the EU and Turkey: A Comparative Guide, Fevzi TOKSOY, Bahadir BALKI and Hanna STAKHEYEVA

November 2019

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Anne Wachsmann, Thomas Philippon, Stéphane Sorbe Common ownership and competition (Nasse Seminar - June 25, 2021)

September 2021

At the Nasse seminar on 25 June 2021, Anne Wachsmann - a partner at Linklaters, and Thomas Philippon - professor of finance at Max L. Heine, New York University, Stern School of Business, discussed the topic of "common ownership and competition". The session was moderated by Stéphane Sorbe - (...)

Ivo Gagliuffi Merger Control in Latin America: A Jurisdictional Guide, Paulo BURNIER DA SILVEIRA, Pamela SITTENFELD (dir.), presentation by Ivo GAGLIUFFI

November 2020

It is my greatest pleasure to write a short presentation to Merger Control in Latin America: A Jurisdictional Guide edited by Pamela Sittenfeld and Paulo Burnier da Silveira. Both editors are leading competition experts in the region and they have managed to put together an excellent list of (...)

Philippe Guibert, Laetitia Gavoty Tolot, Sofia El Hariri, Fayrouze Masmi-Dazi, Gwenaëlle Poilon The French Competition Authority’s new merger control guidelines

November 2020

After several months of public consultation over a reform of its merger control guidelines, the French competition Authority (FCA) has released July 23rd, 2020, its final version of the revised guidelines on merger control. The present On-Topic gathers three contributions reviewing this (...)

Nicholas Levy, Daniel P. Culley, Richard Pepper, Alexis R. B. Lazda, Edward Dean The failing firm defence in the age of COVID-19

November 2020

As COVID-19 continues to cause economic upheaval, undermine established business models, and jeopardise the long-term viability of important sectors of the economy, an increasing number of transactions may involve firms in severe financial difficulty. This may in turn increase the number of (...)

Peter D. Camesasca, Horst Henschen, Martin Juhasz Foreign direct investment screening in Europe: A comparative perspective on differences and commonalities within Europe

November 2020

The authors provide a comparative perspective on foreign direct investment (“FDI”) screening in Europe in light of the EU’s new regulation, Regulation (EU) 2019/452. They explain the key drivers behind FDI screening and offer an analysis of what it implies at a European level. The article further (...)

Soumya Hariharan, Sakshi Agarwal, Akrathi Shetty India: Supreme Court on competition law - Decisions that shaped the decade

November 2020

The evolution and journey of competition law jurisprudence in India has been extremely dynamic and exciting. The Competition Act, 2002 was implemented in a phased manner and the Hon’ble Supreme Court of India over the last decade has laid down landmark judgements across a wide spectrum of (...)

Cheng Liu, Audrey Yumeng Li, Nick Torres China: Conglomerate mergers are facing heightened scrutiny

November 2020

For the past three years (2017–2020), it appears that conglomerate mergers were under more scrutiny in China than in the European Union (“EU”) or the United States (“U.S.”). This article mainly examines five mergers—namely, HP/Samsung, Essilor/Luxottica, KLA/Orbotech, Infineon/Cypress and (...)

Events

Michael Cowie, Pauline A. Kennedy, Thomas Horton, Noel Watson-Doig, Niels Christian Ersboll, Norbert Maier Antitrust in Life Sciences #2 Life Science Mergers II: Innovation, Exclusion & Killer Acquisitions

23 June 2021

2nd webinar of the 2nd « Antitrust in Life Sciences » Conference organised by Concurrences, in partnership with Arnold & Porter, Bates White Economic Consulting, Copenhagen Economics and Dechert, with Mike Cowie (Partner, Dechert), Niels Ersbøll (Partner, Arnold & Porter), Thomas Horton (Professor, University of South Dakota), Pauline Kennedy (Principal, Bates White Economic Consulting), Norbert Maier (Managing Economist, Copenhagen Economics) and Noel Watson-Doig (Senior Counsel Global Pharma Competition Law and Legal Operations, GSK).

Paul Csiszar, Stacy Frazier, Kyriakos Fountoukakos, Robert Willig, Josh Kaul, Stephen Weissman Antitrust in Life Sciences #1 Life science mergers I: New US and EU rules & recent cases

22 June 2021

1st webinar of the 2nd « Antitrust in Life Sciences » Conference organised by Concurrences, in partnership with Gibson Dunn and Herbert Smith Freehills, with Paul Csiszar (Director - Basic Industries, Manufacturing and Agriculture, DG COMP), Kyriakos Fountoukakos (Managing Partner, Herbert Smith Freehills), Stacy E. Frazier (Executive Counsel - Competition Law and Policy, General Electric), Josh Kaul (Attorney General, Wisconsin Department of Justice), Stephen Weissman (Partner, Gibson Dunn) and Robert Willig (Professor, Princeton University).

Marie-Anne Lavergne, Orion Berg, Tilman Kuhn, Farhad Jalinous, Stefan Amarasinha, Dr. Angelika Milger Increasing FDI scrutiny in the EU: What does this mean in practice?

2 February 2021

Webinar organised by Concurrences, in partnership with White & Case, with Stefan Amarasinha (Policy Officer, DG TRADE), Orion Berg (Counsel, White & Case, Paris), Farhad Jalinous (Partner, White & Case, Washington D.C.), Tilman Kuhn (Partner, White & Case, Düsseldorf/Brussels), Marie-Anne Lavergne (Cheffe du bureau du contrôle des investissements étrangers, French Treasury), and Angelika Milger (Government Counsel - Division VB1, German Federal Ministry for Economic Affairs and Energy).

Alexander Baker, Catriona Hatton, Joel Bamford, Rameet Sangha, Manish Das UK Mergers after Brexit: Disruption or continuation?

24 February 2021

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Baker Botts and Compass Lexecon, with Joel Bamford (Senior Director of Mergers, UK Competition and Markets Authority), Manish Das (Head of Competition Law, Lloyds Banking Group), Alexander Baker (Managing Director, Fingleton), Rameet Sangha (Senior Vice President, Compass Lexecon) and Catriona Hatton (Partner, Baker Botts).

Nicholas Levy, Antoine Chapsal WEBINAR #2 Mergers: Filing, review… Is it a 100 % deadlock situation?

9 April 2020

Webinar on mergers as part of the "Quarantine Webinar Series" organised by Concurrences with Nicholas Levy (Partner, Cleary Gottlieb), and, Antoine Chapsal (Partner, Analysis Group).

Josep M. Carpi Badia, Karl Soukup WEBINAR #1 Coronavirus crisis - The DG COMP’s response (State aid & Mergers)

7 April 2020

Inaugural webinar of the "Quarantine Webinar Series" organised by Concurrences with Karl Soukup (Director of the State aid General Scrutiny and Enforcement’s Direction, DG COMP), and, Josep Carpi Badia (Head of the Mergers case support and policy’s Unit, DG COMP).

Antoine Chapsal, Franck Audran, Sara Darley-Reygner The new merger control guidelines of the French Competition Authority: Evolutions and changes

15 October 2020

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Analysis Group and Gide Loyrette Nouel, with Sara Darley-Reygner (Deputy Head of Merger, Autorité de la concurrence), Franck Audran (Partner, Gide Loyrette Nouel) and Antoine Chapsal (Managing Principal, Analysis Group).

Laurent Flochel, Mélanie Thill-Tayara, Svend Albaek, Luis Campos, Etienne Chantrel, François Garnier, Elizabeth Kraus, Michael Cowie, Clemens York von Wartenburg, Hanna Anttilainen, Eugene Buttigieg, Stéphane Hoynck, Greg McCurdy, John McInnes, Laurence Bary, Hans-Jurgen Meyer-Lindemann, Pascal Belmin, Susan Hinchliffe, Clara Ingen-Housz, Carol Xueref, Michael L. Weiner, Jonathan Faull, Alec J. Burnside 7th Global Merger Control Conference

6 December 2019

This 7th edition of the Global Merger Control half-day conference was organised by Concurrences and Dechert, in partnership with CRA International and Frontier Economics.

Martijn Snoep, Eliana Garces-Tolon, Catriona Hatton, Guillaume Loriot, Maureen K. Ohlhausen, Mike Walker, Hanna Anttilainen, Paul Cuomo, Hugh Hollman, Margaret Kyle, Paul Lugard, Sarah Biontino, Marianne Frisell Schreuder, Nicolas Pourbaix, Matthew Levitt Global Antitrust Hot Topics : EU, US & Global Perspectives

26 September 2019

This 7th edition of the Global Antitrust Hot Topics half-day conference was organised by Concurrences and Baker Botts, in partnership with Cornerstone Research and CRA.

Jérôme Vidal, Alexandre Menais, Fayrouze Masmi-Dazi, Antoine Chapsal The new merger control guidelines of the French Competition Authority: What we need to know

24 September 2019

Law & Economics workshop organised by Concurrences with Jérôme Vidal (Autorité de la concurrence), in partnership with Frieh Associés and Analysis Group.

Alec J. Burnside, Alexander Lunshof, Amandine Jacquemot, Anneleen Straetemans, Birthe Panhans, Eleni Gouliou, Elizabeth Kraus, Emmanuel Frot, Esther Bitton, Etienne Chantrel, Guillaume Gournay, Helene Millenaar, Isabelle de Silva, James Mancini, Laurence Bary, Laurent Flochel, Mélanie Thill-Tayara, Michael L. Weiner, Paul T. Denis 6th Global Merger Control Conference

30 November 2018

This 6th edition of the Global Merger Control half-day conference was organized by Concurrences Review and Dechert, in partnership with Analysis Group, Compass Lexecon and CRA.

Alexey Ivanov, Cristiane Schmidt, Daniel Rubinfeld, Dennis Davis, Eleanor M. Fox, Frédéric Jenny, George Paul, Gönenç Gürkaynak, Harry First, Ioannis Lianos, Joseph E. Stiglitz, Joseph Wilson, Kirti Gupta, Lawson A. W. Hunter, Nicholas Levy, Randolph Tritell, Roger Alford, Simon Roberts, Tembinkosi Bonakele, Xianlin Wang Antitrust and Developing & Emerging Economies

26 October 2018

Annual Concurrences & NYU School of Law conference, with the support of Charles River Associates, Cleary Gottlieb, ELIG Gürkaynak Attorneys-at-Law, Qualcomm, Ropes & Gray, White & Case (Panel Sponsors) and MLex and PaRR (Media Sponsors).

Carles Esteva Mosso, David Sevy, Xavier Boutin, Yann Utzschneider Mergers and competition : EU and French perspectives

29 May 2018

Dinner organised by Concurrences Review with keynote speaker Carles Esteva Mosso, in partnership with White & Case and Compass Lexecon.

Etienne Chantrel, Guillaume Gournay, Jérémie Sneessens, Joséphine Fourquet, Pierre Kirch, Simon Genevaz Takeover process and new risks: How to notify competition authorities without endangering the undertakings?

31 January 2018

Law & Economics workshop organised by Concurrences Review in partnership with Paul Hastings and McKinsey & Company.

Alexander Lunshof, Andreas Bardong, Anne-Sophie Poirier, Antoni Vassileff, Elizabeth Kraus, François Garnier, Gabriel Lluch, Hans-Jurgen Meyer-Lindemann, Isabelle de Silva, Jérémie Sneessens, Josep M. Carpi Badia, Mélanie Thill-Tayara, Michael L. Weiner, Paul T. Denis, Sheldon Mills, Susan Hinchliffe, William E. Kovacic Global Merger Control Conference 2016

2 December 2016

Conference organised by Concurrences in partnership with Dechert, Advolis and McKinsey.

Books

Paulo Burnier Da Silveira, Pamela Sittenfeld Merger Control in Latin America

27 October 2020

Following significant reforms over the last 20 years, merger control regimes in Latin America now constitute around 20% of merger regimes worldwide. In regard to global transactions that may trigger the notification thresholds in many of these jurisdictions, it became necessary that an (...)

Chapters

Paul Culliford The International Competition Network at Twenty Surveying the Surveys
The Drive for Implementation of the ICN’s Recommended Practices for Merger Notification and Review Procedures

6 May 2022

Pamela Sittenfeld, Paulo Burnier Da Silveira Merger Control in Latin America - A Jurisdictional Guide INTRODUCTION

27 Oct 2020

INTRODUCTION Pamela Sittenfeld * (Ministry of Trade of Costa Rica) Paulo Burnier da Silveira ** (OECD) * Pamela Sittenfeld is an attorney. She graduated from the Universidad de Costa Rica, and has an Msc in Regulation and Competition from the LSE in London. She is an adviser to the Ministry of (...)

Marcela Mattiuzzo, Vinicius Marques de Carvalho Merger Control in Latin America - A Jurisdictional Guide BRAZIL

27 Oct 2020

BRAZIL Vinicius Marques de Carvalho * Marcela Mattiuzzo ** Maria Eduarda Scott *** (Vinicius Marques de Carvalho Advogados) Abstract This paper intends to provide an overview of merger control proceedings in Brazil. In 2012, the Brazilian competition authorities went through significant shifts (...)

Taimoon Stewart Merger Control in Latin America - A Jurisdictional Guide CARIBBEAN COMMUNITY REGION

27 Oct 2020

CARIBBEAN COMMUNITY REGION Taimoon Stewart * (The University of the West Indies) Marc Jones * (CARICOM Competition Commission) Abstract The chapter offers an insight into the current status of competition regimes in the Caribbean Community (CARICOM). Only four of the 15 member states have (...)

Merger Control in Latin America - A Jurisdictional Guide BOLIVIA

27 Oct 2020

BOLIVIA Paula Bauer * Diego Rojas ** (C.R. & F. Rojas Abogados) Abstract The Bolivian Constitution dated 7 February 2009 provides the legal framework for competition, prohibition of monopolies and private oligopolies, and any kind of association or agreement between national or foreign (...)

Pablo Trevisán Merger Control in Latin America - A Jurisdictional Guide ARGENTINA

27 Oct 2020

ARGENTINA Pablo Trevisán * (IDC – Instituto de Derecho de la Competencia) Abstract Did everything change so nothing changes? Argentina's merger control system was substantially reformed in May 2018. Since then, that question resonates insistently: did everything change so that nothing changes? (...)

Merger Control in Latin America - A Jurisdictional Guide VENEZUELA

27 Oct 2020

VENEZUELA Alejandro Gallotti * (LE ĜA) Abstract Mergers and acquisitions in Venezuela are formally regulated by the typical parameters of “free competition” through the Antitrust Law. However, the Venezuelan economy does not operate in practice within these principles, as a series of law decrees (...)

Merger Control in Latin America - A Jurisdictional Guide URUGUAY

27 Oct 2020

URUGUAY Luciana Macedo * Natalia Jul ** (Uruguay Competition Commission) Abstract Uruguay's mergers control regime has recently been modified. The reform of Act No 18.159, by Act No 19.833 was approved on September 2019. The rules on the substantive analysis of mergers and acquisitions have (...)

Merger Control in Latin America - A Jurisdictional Guide PERU

27 Oct 2020

PERU Luis José Diez Canseco Núñez * Camila Chamorro Poma ** Dario Morales Herrera *** (DiezCanseco) Abstract Competition Law in Peru has been in place for almost 30 years. Merger control was first enacted in 1997 but was limited to the electricity sector. In November 2019, general merger control (...)

Merger Control in Latin America - A Jurisdictional Guide PARAGUAY

27 Oct 2020

PARAGUAY Cynthia Andino * (Independent consultant on competition and commerce) Abstract The National Constitution of Paraguay, in force since 1992, establishes competition as part of its legal framework. Later, the Competition Defence Act was enacted on 2013 (Law No 4956/2013) and its Rules on (...)

Merger Control in Latin America - A Jurisdictional Guide PANAMA

27 Oct 2020

PANAMA Jorge Molina Mendoza * (Fabrega Molino) Abstract Despite the fact that Panama enacted its first antitrust laws in 1966, the protection of commercial competition has been anticipated, constitutionally, since at least 1946. Since then, the power to determine the legality of restrictive (...)

Merger Control in Latin America - A Jurisdictional Guide NICARAGUA

27 Oct 2020

NICARAGUA Ernesto Rizo Pallais * Favio Batres P ** (BLP) Abstract Nicaragua has been developing a merger control system since 2006, when the Promotion of Competition Law was enacted (Law 601), establishing fundamental principles on the protection of competition, market access and consumer (...)

Carlos Mena-Labarthe, Luis Gerardo Garcia Santos Coy Merger Control in Latin America - A Jurisdictional Guide MEXICO

27 Oct 2020

MEXICO Luis G García Santos Coy * Carlos Mena Labarthe ** Mauricio Serralde Rodríguez *** Virginia Campás Alcalde **** (Creel, García Cuéllar, Aiza y Enríquez) Abstract The aim of this chapter is to provide an overview of merger control practice and procedure in Mexico. In particular, the chapter (...)

Merger Control in Latin America - A Jurisdictional Guide HONDURAS

27 Oct 2020

HONDURAS Marvin Francisco Discua Singh * (Commission for the Defence and Promotion of Competition) Abstract In Honduras, the control of mergers began with the Competition Law. This has as its foundation the constitutional rule prohibiting monopolies and other anticompetitive conducts. The Law (...)

Merger Control in Latin America - A Jurisdictional Guide COLOMBIA

27 Oct 2020

COLOMBIA Pablo Márquez * (Márquez Barrera Castañeda Ramírez) Abstract This paper provides a general overview of Colombian law with respect to merger control and economic integrations, including its institutional set-up, applicable law and guidance, as well as the basic foundations used by the (...)

a b c d e f g h i j l m n o p r s t u v

a

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Advocacy • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive object or effect • Anticompetitive practices • Antitrust • Applicable law • Arbitration • Article 11 letter • Automotive distribution

b

Barriers to entry • Bertrand (Nash) equilibrium • Bid rigging • Billing • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Burden of proof • Business secrets • Buyer power

c

Cartel • Civil fine • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Comity • Competence • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Contract • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Criminal sanctions • Cross subsidisation

d

Damages • Dawn raids • De minimis notice • Direct effect • Discriminatory practices • Distribution agreement • Dominance (notion)

e

ECHR • Economic analysis • Economic efficiency • Economies of scale • Effect on trade between Member States • Effective judicial protection • EFTA Surveillance Authority (ESA) & Court • Environmental protection • Essential facility • European Competition Network (ECN) • Excessive prices • Exchanges of information • Exclusive distribution • Exclusive purchasing • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

f

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Form CO • Franchising • FRAND • Free riding

g

Geographic market • Group purchasing organization • Guidelines • Gun jumping

h

Hard core restrictions • Hearing officer • Horizontal agreement

i

Imputability • Independence and impartiality • Individual exemption • Intellectual property right • Inter-brand competition • Interim measures • International co-operation • International competition network (ICN) • Investigations / inquiries

j

Joint control • Joint venture • Judicial review

l

Legal privilege • Leniency • Lerner index • Letter of rejection of complaints • Licensing • Limitation period • Low prices

m

Mandatary (distribution) • Margin squeeze • Market economy investor • Market of goods or services • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Merger control procedure • Merger remedies • Minority shareholdings • Misinformation

n

Ne bis in idem • Network effect • Non-competition clause • Notification • Nullity

o

Oligopoly

r

Referral (merger) • Refusal to deal • Regulated prices • Regulation • Relevant market • Remedies (antitrust) • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Restriction on exportation • Right against self-incrimination • Rights of defence • Rule of reason

s

Sector inquiry • Selective distribution • Services of general economic interest • Single branding • Sole control • Spill-over effects • Standard-Essential Patent (SEP) • State action defense • State aid (compatibility) • State aid (existing aid) • State aid (notification) • State aid (notion) • State aid (recovery) • State aid (tax ruling) • State aid (unlawful aid) • State measure • Substitutability • Sudden break of established business relationships

t

Technology transfer • Test SIEC (merger) • Test SLC (merger) • Transfer pricing • Transparency • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

u

Undertaking (notion) • Unfair commercial practices • Unfair competition • Universal service • Upstream market

v

Vertical agreement • Vertical restraints (or restrictions)

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