Jersey merger control (2019)
Produced in partnership with Ogier
Jersey merger control (2019)

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

  • Jersey merger control (2019)
  • 1. Have there been any recent developments regarding the merger control regime in Jersey and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Jersey?
  • 2. Under Jersey 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 CICRA?
  • more

A conversation with Matthew Shaxson, group partner in the Jersey office of offshore law firm Ogier on key issues on merger control in Jersey.

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

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

There have been no recent changes to the primary legislation, the Competition (Jersey) Law 2005 (the Law), or to the Competition (Mergers and Acquisitions) (Jersey) Order 2010 (the Mergers Order).

In July 2017 and April 2018, the Channel Islands Competition and Regulatory Authorities (CICRA, the combined name for the Jersey Competition Regulatory Authority (the JCRA) and the Guernsey Competition and Regulatory Authority (the GCRA), the JCRA being referred to in this conversation as CICRA for simplicity) published new guidance on the process for obtaining their approval of a notifiable merger or acquisition. The changes include:

  1. introducing a formal 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.

In 2016,