Article by Dr. Christine Bader and Emanuela
Lecchi
Merger Control ‑ Procedural
Aspects
Merger control issues should be considered early in any
transaction timetable. Early consideration allows the parties to
identify potential obstacles to the transaction – and
possible solutions – early on and is also helpful in
cases that clearly do not raise competition concerns, to ensure
that the necessary clearances are obtained prior to the expected
completion date.
Approximately 100 countries operate merger control regimes. Many
of these merger control regimes are mandatory with strict tests to
determine whether a merger must be notified, in most cases based on
the parties' turnover or on shares of supply/market shares.