Supervision Of Concentrations In Competition Law

Introduction

Mergers and acquisitions are one of the fundamental concepts of dynamic economies. However, in order to maintain a competitive environment in the marketplace, mergers and acquisitions must be subject to the supervision of the Competition Authority ("Authority"). Thus, in order to avoid abuse of the dominant position and prohibition of uncompetitive mergers and acquisitions, the Authority has the task of monitoring, regulating and supervising the markets¹.

Concept of Concentration

Despite the fact that competition law regulations contain the concept of 'mergers and acquisitions,' they do not provide their exact definitions. In accordance with Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board ("Communiqué"), the merger of two or more undertakings, acquisition of direct or indirect control over all, or part of one or more undertakings, by one or more undertakings, or by one or more