Papua New Guinea merger control
Produced in partnership with Dr Martyn Taylor of Norton Rose Fulbright
Practice notesPapua New Guinea merger control
Produced in partnership with Dr Martyn Taylor of Norton Rose Fulbright
Practice notes
A conversation with Dr Martyn Taylor, Partner and Australian Head of Competition, Dietrich Marquardt, Special Counsel, and Imandi Mudugamuwa, Summer Clerk, in the Sydney office of international law firm Norton Rose Fulbright in Australia, on key issues on merger control in Papua New Guinea.
NOTE–to see whether notification thresholds in Papua New Guinea and throughout the world are met, see Where to Notify.
1. Have there been any recent developments regarding the Papua New Guinea merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Papua New Guinea?
Papua New Guinea's merger control regime was introduced by the Independent Consumer and Competition Commission Act 2002 (ICCC Act) which created the independent competition regulator, the Independent Consumer and Competition Commission (ICCC).
With effect from 29 May 2019, amendments were made to the ICCC Act which introduced a new mandatory, pre-merger notification regime. Under this new regime, transactions need to be notified to the ICCC for clearance prior to closing when one of the alternative
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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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