Myanmar merger control
Produced in partnership with DFDL
Myanmar merger control

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

  • Myanmar merger control
  • 1. Have there been any recent developments regarding the Myanmar merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Myanmar?
  • 2. Under the Myanmar 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 (non-controlling) 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 Commission?
  • More...

Myanmar merger control

A conversation with Nishant Choudhary, Partner and Deputy Managing Director at regional law firm DFDL Legal and Tax Services, on key issues on merger control in Myanmar.

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

In general, the merger control regime in Myanmar is guided by the Competition Law 2015 (the Law) and the Competition Rules (the Rules).

The Competition Commission (the Commission) which has been established in Yangon consists of a chair and intelligentsias, formed of individuals with the rank of Union Minister, and other eligible people from relevant ministries/government departments. The Commission (as provided in the Rules) also consists of one representative from the Ministry of Commerce, the Union Attorney General’s Office, the Ministry of Home Affairs, the Ministry of Transport and Communications, the Ministry of Industry and the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI) and affiliated associations as its members. Furthermore, the Commission also has experts from the field of law and economics.

Under section 8(f) of the Law (duties and power of Commission), the power to regulate any acquisition or merger is vested with the Commission, which shall set the threshold based on market share, revenue, investment, number of shares and assets

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