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Last Modified: 02/12/2020 12:16 PM

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Merger of Companies or Selling a Business

Contents:

Show details for 1. Legislative framework and competent authority: what is the relevant legislation1. Legislative framework and competent authority: what is the relevant legislation

Show details for 2. Scope of legislation: what constitutes a concentration?2. Scope of legislation: what constitutes a concentration?

Show details for 3. Are there any exemptions from the rule and are there any rules on particular sectors?
(Sections 6(4) & 5 o3. Are there any exemptions from the rule and are there any rules on particular sectors?
(Sections 6(4) & 5 of the Law)


Show details for 4. What is the definition of ‘control’?
(Section 6(2) & (3) of the Law)
4. What is the definition of ‘control’?
(Section 6(2) & (3) of the Law)


Show details for 5. Can a concentration arise from multiple legal acts or in stages? 
(Sections 7 & 8 of the Law)
5. Can a concentration arise from multiple legal acts or in stages?
(Sections 7 & 8 of the Law)


Show details for 6. What are the statutory thresholds for notification and are there any exceptions?
(Sections 3 & 5 and Sched6. What are the statutory thresholds for notification and are there any exceptions?
(Sections 3 & 5 and Schedule II of the Law)


Show details for 7. Is filing mandatory or voluntary? If mandatory, do any exceptions exist?
(Sections 10 & 13 of the Law)
7. Is filing mandatory or voluntary? If mandatory, do any exceptions exist?
(Sections 10 & 13 of the Law)


Show details for 8. Filing formalities: what are the deadlines for filing? 
(Section 10 of the Law)
8. Filing formalities: what are the deadlines for filing?
(Section 10 of the Law)


Hide details for 9. Which parties are under the obligation to file a notification and do any filing fees apply?
(Sections 10 &9. Which parties are under the obligation to file a notification and do any filing fees apply?
(Sections 10 & 12 and Schedule III of the Law)

Concentrations that fall under the scope of the Law constituting mergers or acquisitions of joint control can be notified jointly or separately by the participating entities; in all other cases the obligation for notification is borne by the person or undertaking acquiring control.

A fee of one thousand (1.000) Euros is paid together with the submission of the notification. Full investigation proceedings commence upon payment of a fee amounting to six thousand (6.000) Euros.


Show details for 10. Do foreign-to-foreign concentrations have to be notified?
(Sections 3 & 6 of the Law)
10. Do foreign-to-foreign concentrations have to be notified?
(Sections 3 & 6 of the Law)


Show details for 11. Does implementation of the transaction have to be suspended prior to clearance?
(Sections 11, 24(2) & 29 11. Does implementation of the transaction have to be suspended prior to clearance?
(Sections 11, 24(2) & 29 of the Law)


Show details for 12. What are the waiting periods?
(Sections 23, 24, 27, 29 & 30 of the Law)
12. What are the waiting periods?
(Sections 23, 24, 27, 29 & 30 of the Law)


Show details for 13. Documentation: What is the level of detail required in the preparation of a filing?
(Schedule III of the 13. Documentation: What is the level of detail required in the preparation of a filing?
(Schedule III of the Law)


Show details for 14. Investigation procedure and timetable: What are the typical steps phases of the investigation?
(Sections 14. Investigation procedure and timetable: What are the typical steps phases of the investigation?
(Sections 10, 15, 16, 17, 22 & 24 of the Law)


Show details for 15. Can concentrations be cleared temporarily?
(Sections 31 & 32 of the Law)
15. Can concentrations be cleared temporarily?
(Sections 31 & 32 of the Law)


Show details for 16. What are the sanctions for pre-clearance implementation of the concentration or for any other infringment 16. What are the sanctions for pre-clearance implementation of the concentration or for any other infringment of the Law?
(Section 40 of the Law)


Show details for 17. Are there any sanctions for supplying wrong or missing information?
(Section 40 of the Law)
17. Are there any sanctions for supplying wrong or missing information?
(Section 40 of the Law)


Show details for 18. What is the procedure followed in case of an infringement of the Law?
(Section 34 of the Law)
18. What is the procedure followed in case of an infringement of the Law?
(Section 34 of the Law)


Show details for 19. What is the substantive test for clearance and is there a special substantive test for joint ventures?
(S19. What is the substantive test for clearance and is there a special substantive test for joint ventures?
(Section 19 of the Law)


Show details for 20. What are the main factors that the Commission investigates during an assessment?
(Schedule I of the Law)
20. What are the main factors that the Commission investigates during an assessment?
(Schedule I of the Law)


Show details for 21.Is it possible to remedy competition concerns, by giving divestment undertakings or other remedies?
(Secti21.Is it possible to remedy competition concerns, by giving divestment undertakings or other remedies?
(Sections 22, 25, 26, 27 & 28 of the Law)


Show details for 22. What are the basic provisions applicable to a divestment or other remedy?
(Section 25 and Schedule IV of 22. What are the basic provisions applicable to a divestment or other remedy?
(Section 25 and Schedule IV of the Law)


Show details for 23. What publicity is given to the process and how is confidential information protected from disclosure?
(Se23. What publicity is given to the process and how is confidential information protected from disclosure?
(Sections 22, 28 & 48 of the Law)


Show details for 24. Cross-border regulatory cooperation: does the Commission cooperate with antitrust authorities in other jur24. Cross-border regulatory cooperation: does the Commission cooperate with antitrust authorities in other jurisdictions?
(Section 54 of the Law)


Show details for 25. Available avenues: What are the opportunities for appeal or judicial review?
(Section 146 of the Constitu25. Available avenues: What are the opportunities for appeal or judicial review?
(Section 146 of the Constitution)







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