Gambia merger control
Produced in partnership with Amie Bensouda & Co

The following Competition practice note produced in partnership with Amie Bensouda & Co provides comprehensive and up to date legal information covering:

  • Gambia merger control
  • 1. Have there been recent developments regarding the Gambian 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 the Gambia?
  • 2. Under Gambian 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 any ‘effects’ doctrine/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 it possible to close the deal globally prior to local clearance?
  • 8. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Competition Commission?
  • 9. Who is responsible for filing a notifiable transaction (noting also whether there is a specific form/document used and an applicable filing fee)?
  • More...

Gambia merger control

A conversation with Abdul Aziz Bensouda, partner at Gambian law firm Amie Bensouda & Co, on key issues on merger control in the Gambia.

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

1. Have there been recent developments regarding the Gambian 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 the Gambia?

There have been no developments or regulations since the advent of the Competition Act 2007, the Information Communication Act 2009 and the Gambia Public Utilities Regulatory Authority Enforcement Regulations of 2009. Further, no developments are currently planned.

2. Under Gambian 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'?

Under the general merger control rules, control of the entity is not the issue. Instead, the key issue is the market shares of the parties and any potential disruption of competition within that market.

In the telecommunications market, a change of control is caused by a change of ownership of at least 50% or a change in management and decision-making. In this case, the change in shareholding may be less than 50%, however if the decision-making body

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