Barbados merger control (2019)
Produced in partnership with Clarke Gittens Farmer
Barbados merger control (2019)

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

  • Barbados merger control (2019)
  • 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?

There are no recent developments regarding the Barbadian merger control regime. As far as we are aware, however, the Barbados Fair Trading Commission (the Commission) which regulates mergers in Barbados has indicated that it will be seeking to update the merger guidelines issued by them in the near future since it currently pre-dates the Fair Competition (Merger) Rules 2009 (the Rules).

In terms of 'hot' issues, at the end of 2017, the Commission ruled on the proposed acquisition of Barbados National Terminal Company Limited (BNTCL) by BNTCL Holdings Limited (a member of the SOL group of companies) (SOL). BNTCL is a subsidiary of The Barbados National Oil Company Ltd., a state-owned energy provider in the country of Barbados. BNTCL manages the storage and distribution of gasoline, diesel and heavy fuel oil, as well as the distribution of kerosene. BNTCL also stores aviation (jet) fuel and