Merger Filing For Private Equity Transactions

TRIGGER OF FILING

Merger filing is obligatory if a PE transaction triggers a concentration of undertakings, while also meeting the turnover threshold.

Concentration of undertakings. Concentration can take place throughout all phases of a PE, namely setting up, investment, management and exit. This includes the following scenarios:

1. Fundraising and setting up: when more than two partners assume "common control" over the PE, whether via dual general partnerships (GPs), multi GPs, GP-limited partnership (LP) joint control, or a joint venture under common control of multiple parties acting as a GP;
2. Investment: by investing in another undertaking, the PE acquires sole or joint control over it;