New Caledonia merger control
Produced in partnership with Mayer Brown
Practice notesNew Caledonia merger control
Produced in partnership with Mayer Brown
Practice notes
A conversation with Nathalie Jalabert-Doury, partner, and Jean-Maxime Blutel, partner, in the Paris office of global law firm Mayer Brown, on key issues on Merger control in New Caledonia.
1. Have there been any recent developments regarding the New Caledonia merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in New Caledonia?
New Caledonia is a French overseas Territory with increased autonomy from mainland France under a special status. As such, New Caledonia has since 2014 a separate merger control regime and its own competition Rules, which are enforced by the Autorité de la concurrence de la Nouvelle-Calédonie (“ACNC”).
The two regimes however share many similarities and the two competition authorities collaborate closely. The ACNC would therefore routinely refer in its decisions to the merger control guidelines and decisional practice of the French Competition Authority (“FCA”).
While New Caledonia is not part of the European Union (“EU”) (but one of the associated overseas countries and territories of the EU under Article 198 of the Treaty on the functioning
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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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