It is evident that merger control takes an important place in
competition law practice in every jurisdiction. This is because
many jurisdictions require mergers to be notified ex ante. This
results in many mergers being reviewed by the competition
authorities. Jurisdictions need to adopt a definition of a merger
and generally these definitions are designed broadly in order to
include a vast number of transactions. However, this definition as
to purpose of the merger control regulations changes as per
jurisdiction.
In example, EU Regulation 139/2004 ("EU Merger
Regulation") is applied to the "concentrations"
which arise from a merger of formerly independent businesses, from
a change of control in a business or from a joint venture. As such
definition implicates, the applicability of EU Merger Regulation is
arguably broad and a considerable number of transactions, which may
result in a change of control of an undertaking. Similarly U.S.
merger control regime, which is
