ARTICLE · 07 FEBRUARY 1995

Mergers and acquisitions - Merger Control in Belgium

Linklaters De Bandt

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BelgiumEmployment and HR

As from April 1, 1993, certain well defined major mergers and acquisitions in Belgium must receive the green light from the Belgian Competition Council before being implemented. The Competition Act of August 5, 1991 (in force as from April 1, 1993) establishes a pre-merger review procedure of concentrations closely modeled after the EC Merger Control Regulation.

Only concentrations which meet the following two thresholds fall within the scope of the obligation to notify the proposed transaction :

- the aggregate turnover of the undertakings concerned must

be higher than BEF 1,000,000,000 during the last business

year on a combined worldwide basis; and

- the combined market share of the undertakings must exceed

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