Sri Lanka merger control
Produced in partnership with F. J. & G. de Saram
Sri Lanka merger control

The following Competition practice note produced in partnership with F. J. & G. de Saram provides comprehensive and up to date legal information covering:

  • Sri Lanka merger control
  • 1. Have there been any recent developments regarding the merger control regime in Sri Lanka and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Sri Lanka?
  • 2. Under Sri Lanka 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 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 Consumer Affairs Authority?
  • More...

Sri Lanka merger control

A conversation with Nathasha Gajanayake, legal assistant at Sri Lankan law firm F. J. & G. de Saram, on key issues on merger control in Sri Lanka.

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

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

There is no law in Sri Lanka that specifically deals with merger control. The provisions relating to anti-competitive practices set out in the Consumer Affairs Authority Act No 9 of 2003 (the Consumer Affairs Authority Act) are, however, relevant to the merger control regime.

A merger is subject to control only if it amounts to the prevalence of an 'anti-competitive practice' within the meaning of the Consumer Affairs Authority Act. As per the Consumer Affairs Authority Act, an anti-competitive practice is deemed to prevail under the Consumer Affairs Authority Act where a person in the course of business, pursues a course of conduct which of itself or when taken together with a course of conduct pursued by persons associated with him, has or is intended to have or is likely to have the effect of restricting, distorting or preventing competition in connection with the

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