The following Competition practice note Produced in partnership with Johan Van Acker and Dina Ansari of Van Bael & Bellis provides comprehensive and up to date legal information covering:
This note sets out what turnover information is required to assess in which jurisdictions the applicable merger control filing thresholds are met and the transaction thus technically requires merger control filings and approvals.
A few comments on the approach taken in this note:
1. For a transaction to be notifiable in a particular jurisdiction, it does not only have to meet the applicable filing thresholds but it also has to constitute a notifiable event under the rules of that jurisdiction. This note only addresses the data needed for an initial assessment of where the filing thresholds are met—it does not discuss the applicable rules that determine what kind of transactions constitute a notifiable event.
In a nutshell, in most jurisdictions (including, most notably, the EU), transactions such as mergers, acquisitions and joint ventures are only a notifiable event if they bring about a lasting change in 'control' of the companies concerned (for more on the concept of 'control', see further, EU merger control). However, there are important exceptions to this rule as some jurisdictions can, for instance, catch acquisitions of non-controlling minority shareholdings under their merger control rules (eg Austria, Brazil, Canada, Germany, Japan, Russia, South Africa, South Korea, the UK and the US).
2. Merger control filing thresholds in most jurisdictions are based on turnover—typically a combination of the parties’ domestic and worldwide turnovers. As a
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.