Guernsey merger control
Produced in partnership with Ogier
Guernsey merger control

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

  • Guernsey merger control
  • 1. Have there been any recent developments regarding the merger control regime in Guernsey and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Guernsey?
  • 2. Under Guernsey 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 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 GCRA?
  • More...

Guernsey merger control

A conversation with Bryon Rees, Craig Cordle and Tim Clipstone, all partners in the Guernsey office of offshore law firm Ogier on key issues on merger control in Guernsey.

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

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

The Competition (Guernsey) Ordinance 2012 (the Ordinance) was amended with effect from 1 February 2014 to make small amendments extending the investigative provisions relating to the powers of the Guernsey Competition and Regulatory Authority (GCRA) in this regard. 

On 9 August 2017, the former Channel Islands Competition & Regulatory Authorities (CICRA) published new guidance on the merger investigation process, with the following changes:

  1. introducing a pre-notification process, with greater flexibility for the CICRA to comment on draft notifications

  2. requiring the non-confidential version of the notification to be submitted to the CICRA at an earlier stage, and

  3. introducing ‘state of play’ meetings for those transactions which appear to raise competition concerns.

The GCRA proposes to introduce a voluntary notification regime which would operate alongside the mandatory turnover test. This would give the GCRA the power within a specified period to call in for review low value transactions in

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