Q1-2010 Draft for new M&A control mechanism

The Competition Authority has announced the Draft communiqué on Mergers and Acquisitions Subject to the Prior Approval of the Competition Board, which aims to repeal Communiqué No. 1997/1 regulating M&A transactions subject to the prior approval of the Board. The Draft appears to have been prepared for a more efficient supervision system, legal certainty and transparency on said transactions. In the current version of the Draft, the plan is to significantly increase the thresholds triggering the pre-notification requirement and the number of documents requested for the purpose of notifications. Moreover, the Draft also foresees a simplified notification procedure for merger transactions in which the number of players in the relevant market is not reduced.

 

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