The following Competition guidance 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
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