Guatemala merger control
Produced in partnership with Arias & Munoz
Guatemala merger control

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

  • Guatemala merger control
  • 1. Have there been any recent developments regarding the Guatemalan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Guatemala?
  • 2. Under Guatemalan 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 competition authorities?
  • More...

Guatemala merger control

A conversation with Jorge Luis Arenales, partner in the Guatemala office of regional law firm Arias, on key issues on merger control in Guatemala.

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

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

The legislative body in Guatemala is reviewing a bill (Legislative Proposal 5074 of the Congress of the Republic of Guatemala) that will regulate the preservation and promotion of free commercial competition between competing and non-competing parties with the objective to increase the economic efficiency and consumer welfare (the Competition Law). This bill will regulate mergers that may take place in Guatemala and will be subject to control provisions from a new authority. However, the bill has not yet been approved and it is not clear when it will be. All answers in this guide are based on the proposed Competition Law.

2. Under Guatemalan 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'?

Currently there are no provisions. Under the Competition Bill, control will be defined as the capacity that an entity

Related documents:

Popular documents