Paraguay merger control
Produced in partnership with BKM Berkemeyer

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

  • Paraguay merger control
  • 1. Have there been any recent developments regarding the Paraguayan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Paraguay?
  • 2. Under Paraguayan merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ?
  • 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?
  • 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. What is the timetable for review of a notifiable transaction?
  • More...

Paraguay merger control

A conversation with M. Yolanda Pereira Z. and Cecilia M. Vera B., lawyers at Paraguayan law firm BKM | Berkemeyer, on key issues on merger control in Paraguay.

NOTE–to see whether notification thresholds in Paraguay and throughout the world are met, see Where to Notify.

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

The National Competition Commission (CONACOM) has reviewed over a dozen merger notifications over the past couple of years, and has approved all of them, at least three of them with conditions. There have been no regulatory developments so far, and for specifics on the regulations, ie defining thresholds for mergers, acquisition of control and even joint ventures, CONACOM’s usual stance is that pre-filing consultations are advisable. The Commission has not yet drafted a Merger Guidelines.

At this point, reviews may take several months to be resolved and routinely advance to second phase without this necessarily being a reflection of any competition concerns but can rather be attributed to staff constraints. To date, both the Merger Control Department and the Restrictive Practices Department at the CONACOM operate with only two staff each. Reportedly, the trend would be to concentrate efforts on mergers in the local market that appear to

Related documents:

Popular documents