The following Competition guidance note provides comprehensive and up to date legal information covering:
At the outset of a transaction when collecting and compiling relevant turnover (and, thereafter, assessing local threshold requirements and timing obligations), instructed counsel should bear in mind the following points.
rules for compilation, allocation (including geographical allocation) and calculation of relevant turnover differ from the EU rules, including in some EU Member States and in major non-EU jurisdictions, eg:
in Austria—calculation rules mean purchaser group’s turnover is often inflated and can potentially be determinative/decisive in triggering a mandatory filing requirement. For calculating the relevant turnover, the turnover of all entities linked (directly/indirectly) to a party must be fully (100%) attributed—ie all the turnover of each and every connected subsidiary up the corporate chain in which there is a 25% shareholding or voting rights (even where control is not conferred)
in Canada—for the purpose of assessing the 'size of the parties threshold', include turnover from sales in, from or into Canada (ie domestic sales, exports and imports). To calculate 'Canadian turnover' generated by Canadian assets for the ‘size of transaction threshold’, include sales in or from Canada (ie domestic sales and exports)
in South Africa—turnover for each threshold limb means turnover in, into or from South Africa
in Namibia—turnover for each threshold limb means turnover in, into or from Namibia
in Nigeria—turnover for each threshold limb means turnover in, into or
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