TRENDS : MERGER - PRE-NOTIFICATION - PROCEDURE

The pre-notification phase

The pre-notification phase has proved to be a useful mean to address “upfront” many of the issues that a concentration may raise, without being bound by the strict timetable of the formal review process. It works well but there is arguably still some room for improvement.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The pre-notification procedure A view from the Competition Authority Nadine MOUY [1] Head of the Merger Department, Competition Authority 1. A concentration may be notified to the Competition Authority where the parties concerned are able to submit a sufficiently well-formulated [2]proposal. However, as confirmed by the Authority [3]'s merger control guidelines, companies have the possibility of pre-notifying concentrations, i.e. consulting the merger department on a project, regardless of its stage of completion. This procedure is informal and does not run the time limits for examination. It does not give rise to publication and can remain completely

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Authors

  • Mayer Brown (Paris)
  • Jones Day (Brussels)
  • Regional Economic Service of the French Embassy (Finland)
  • Clifford Chance (Paris)
  • Jones Day (Brussels)

Quotation

Nathalie Jalabert-Doury, Bernard Amory, Nadine Mouy, David Tayar, Serge Clerckx, The pre-notification phase, December 2012, Concurrences N° 4-2012, Art. N° 49237, pp. 12-24

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