Paraguay merger control
Produced in partnership with BKM Berkemeyer
Practice notesParaguay merger control
Produced in partnership with BKM Berkemeyer
Practice notes
A conversation with Manuel Arias, Carla Sosa, Andres Nasser and Alvaro Rojas, 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 already reviewed over 70 merger notifications (out of which 9 notifications are currently being reviewed) since the commission was fully staffed in 2016, and has approved all but one of them, of which at least 8 were approved with conditions imposed. There have been some interesting regulatory developments so far, like CONACOM’s issuance of its Merger Guidelines on March 2021 which finally set forth the standards for specifics on the regulations, eg, defining thresholds for mergers, acquisition of control and even joint ventures. Nonetheless, CONACOM’s usual stance that pre-filing consultations are advisable is still in place.
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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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