Costa Rica merger control

Produced in partnership with Zurcher Odio & Raven
Practice notes

Costa Rica merger control

Produced in partnership with Zurcher Odio & Raven

Practice notes
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A conversation with Claudio Donato Monge, partner, Claudio Antonio Donato Lopez, senior associate attorney, and Marco Lopez Volio, directos attorney, and Carolina Retana Herrera, senior associate attorney at Zurcher Odio & Raven, on key issues on merger control in Costa Rica.

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

1. There have been recent developments regarding the Costa Rican merger control regime. What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Costa Rica?

COPROCOM, the national competition authority, issued its Merger Control Guideline in 2024, which stipulates that conglomerate-transactions-related-filings, which were already governed by a favorable presumption, do not require a precise definition of the relevant markets in which each company operates. Instead, this will be validated with the Classification of Economic Activities of Costa Rica (CAECR), which is the adaptation of the most recent International Industrial Classification of all Economic Activities (ISIC) of the United Nations.

The authority now

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Jurisdiction(s):
United Kingdom
Key definition:
Merger control definition
What does Merger control mean?

The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).

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