Global merger control: Navigating stormy seas

There have been a number of developments in merger control in 2020 and Q1 2021. Some are related to the repercussions of the COVID-19 pandemic, while others are borne out of the ambitions and changes sought by individual competition authorities or unexpected jurisprudence

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Introduction

Early on in the Coronavirus crisis, the European Commission's Directorate-General for Competition (DG Comp) sent a daunting message to businesses across the world when it recommended that the parties delay their merger notifications where possible. DG Comp warned it would likely "face difficulties in collecting information from third parties, such as customers, competitors and suppliers" and may "face limitations in terms of access to information and databases" due to remote working measures.

However, it only took a short time for the directorate-general to adapt and it soon began encouraging companies to submit merger notifications through electronic platforms such as the Merger Registry or the eTrustEx platform, and things slowly got back to a new normal.

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Articles

Czech Republic
Insight
Czech Republic
The merger unit of the Czech Competition Office (CCO) ranks among the most stable teams at the CCO with accessible and responsive staff, so the more detailed the pre-notification, the faster and smoother the process following official notification will be
European Parliament
Insight
European Union
The COVID-19 pandemic, and the ensuing lockdown measures—along with some landmark judgments— have led the European Commission's Directorate General for Competition to reflect on its approach to merger control notifications and reviews
Finland
Insight
Merger control in Finland 2022-2023
The year 2022 has been business as usual for the Finnish Competition and Consumer authority (the "FCCA").
Hôtel des Invalides Paris
Insight
France
The most notable development for the French Competition Authority over the past 18 months has been its growing attention to the digitalization of merger control.
Germany
Insight
Germany
The COVID-19 pandemic has not had a significant impact on the work of the Federal Cartel Office (FCO). For 2021 and going forward, the 10th amendment of the ARC that just came into force will bring the most substantial overhaul of competition law in a long time.
Greece
Insight
Greece
The new president of the Hellenic Competition Commission (HCC), Ioannis Lianos, is a well-known academic particularly attuned to public interest issues.
Italy
Insight
Italy
The Italian Antitrust Authority (IAA) has traditionally operated in line with the rules and guidelines stipulated by the European Commission, but IAA’s increasing use of far-reaching behavioral remedies in merger cases is certainly a development to be monitored in the future
Japan
Insight
Japan
The Japan Fair Trade Commission (JFTC) has been active in merger enforcement in 2020, despite the COVID-19 pandemic, and digital, data and technology markets continue to be key areas of focus
Poland
Insight
Poland
The most important development at the Office of Competition and Consumer Protection is its increased focus on procedural infringements, a trend that has also been visible in other jurisdictions and the EU
Russia
Insight
Russia
Protection of the public interest remains a priority for the Federal Antimonopoly Service (FAS), and since merger control is directly interconnected with control of foreign investments, including into "strategic" sectors, strengthening control in this sphere inevitably affects the merger con
Slovakia
Insight
Slovakia
The Slovak Antimonopoly Office (the "AMO") continues to be particularly diligent in its review of mergers in markets with a possible impact on consumers and has increased its focus on the ownership of data and the competitive advantage that may accrue from gaining access to or the merging of sign
United Kingdom
Insight
United Kingdom
There have been several interesting developments in merger control in the UK over the past year, including the official separation of the UK from the EU merger control regime and the proposal of a new national security regime that will see notification for certain transactions become mandatory in
United States
Insight
United States
US antitrust agencies were active in merger enforcement in 2019 and 2020, reflecting the agencies’ commitment to antitrust enforcement particularly in transactions involving nascent competitors and technologies

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