Is it a notifiable concentration?

When will a transaction fall within the EUMR

A transaction will fall within the EUMR and require notification to the Commission if:

1. •

   it is a ‘concentration’

2. •

   the concentration brings about a lasting change of control, and

3. •

   it meets the financial thresholds set out in the EUMR

The EUMR defines a ‘concentration’ as follows:

1. •

   where two independent businesses merge—this includes arrangements where previously 'independent' companies set up a common management team, or a dual listing on a Stock Exchange

2. •

   the acquisition of control by one (or more) business over another, either

   1. ◦

      one business gaining 'sole control' over the target business (this could be through a majority shareholding or a minority shareholding if there are also veto rights over key commercial decisions)

   2. ◦

      two