Barbados merger control
Produced in partnership with Clarke Gittens Farmer
Barbados merger control

The following Competition guidance note Produced in partnership with Clarke Gittens Farmer provides comprehensive and up to date legal information covering:

  • Barbados merger control
  • 1. Have there been any recent developments regarding the Barbadian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Barbados?
  • 2. Under Barbadian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on an ‘effects’ doctrine or policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Fair Trading Commission?
  • more

A conversation with Nicola A. Berry, partner and Olivia N.D. Burnett, senior associate at Barbadian law firm Clarke Gittens Farmer, on key issues on merger control in Barbados.

NOTE–to see whether notification thresholds in Barbados and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Barbadian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Barbados?

The Barbados Fair Trading Commission (the Commission) recently reviewed and determined two mergers in the insurance sector i.e. the merger of Sagicor General Insurance Limited and Harmony General Insurance Company Limited and the merger of Alignvest Acquisition II Corporation and Sagicor Financial Corporation Limited.

The decisions note the Commission’s view that there is a distinction between the distribution of life and non-life products in its assessment of the market conditions in Barbados. Also, the decisions highlight the Commission’s use of authorities from the United States, Canada, Australia and the European Union in its review of local mergers. A copy of the Commission’s decisions may be accessed here.

2. Under Barbadian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?

There