Multi-jurisdictional merger control analysis and antitrust assessment questionnaire
Published by a LexisNexis Competition expert
Practice notesMulti-jurisdictional merger control analysis and antitrust assessment questionnaire
Published by a LexisNexis Competition expert
Practice notes
This Practice Note is a template for a typical initial request for information (RFI) to conduct a multi-jurisdictional Merger control analysis and a preliminary Antitrust risk assessment. The RFI assumes a typical acquisition by one company (Company 1) of another company (Company 2). Depending on the transaction structure, the RFI should be adapted. This RFI also assumes that the company in question manufactures products. The RFI must be adapted before it is used in relation to services.
It is advisable that a similar RFI is sent to the other party via its own antitrust counsel. It would also be advisable to govern the exchange of information by entering into Confidentiality and/or clean team agreements or similar arrangements before collecting (and exchanging) the information. In any event, all communications should be directed through each party’s external counsel. For an example precedent of a Clean Team Agreement, see further Clean team agreement.
Turnover information for multi-jurisdictional filing analysis
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Please provide a full country-by-country breakdown of [Company 1’s] turnover in the last completed financial year. See further, Turnover
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Jurisdiction(s):
United Kingdom
Key definition:
Merger control definition
What does Merger control mean?
The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).
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