Trinidad & Tobago merger control
Produced in partnership with M. Hamel-Smith & Co
Trinidad & Tobago merger control

The following Competition practice note produced in partnership with M. Hamel-Smith & Co provides comprehensive and up to date legal information covering:

  • Trinidad & Tobago merger control
  • 1. Have there been any recent developments regarding the Trinidad & Tobago merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Trinidad & Tobago?
  • 2. Under Trinidad & Tobago 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 an ‘effects’ doctrine or 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 Fair Trading Commission?
  • More...

Trinidad & Tobago merger control

A conversation with M. Glenn Hamel-Smith, partner, and Melissa Inglefield, partner at Trinidad & Tobago law firm M. Hamel-Smith & Co, on key issues on merger control in Trinidad & Tobago.

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

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

The Fair Trading Act 2006 (the FTA) seeks to, inter alia, impose certain pre-merger requirements with a view to restricting anti-competitive practices in Trinidad & Tobago. The substantive elements of the FTA were proclaimed with effect from 10 February 2020; therefore, the FTA is now fully operational. The Commission has also published a Merger Application Form to be used for seeking the requisite permission to merge.

It is important to note that the FTA does not apply to certain entities, including those which fall under the Telecommunications Authority Act as well as banks and financial institutions which fall under the Financial Institutions Act. In respect of the latter, the Financial Institutions Act, 2008 (the FIA) imposes certain requirements which licensees thereunder must adhere to where one or more licensees intend on entering into a merger with other

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