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ARTICLE · 25 JANUARY 2012

EU & German Merger Control Briefing

Merger control issues should be considered early in any transaction timetable.

European UnionInternational Law

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.

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