Merger Summary Sheet PDF

Preview

Summary

A detailed summary of Merger regulation under Competition Law...

Description

Merger Summary Sheet Merger Cases: - Is this a concentration (Art. 3 EUMR)? - Merger of two or more previously independent undertakings or parts of undertakings as well as the acquisition of direct or indirect control of the whole parts of one or more undertakings. - Control – possibility of exercising decisive influence. - Creation of a joint venture that performs on a lasting basis all the functions of an autonomous economic entity – also concentration. - Example of the blocked case – M.871 Tata Steel and ThyssenKrupp (2019). - Is there an EU Dimension (Art. 1 EUMR)? - Dimension where the combined aggregate worldwide turnover of all undertakings concerned is more than EUR 5,000 million; - AND - The aggregate Union-wide turnover of each of at least two of the undertakings concerned is more than EUR 250 million; - UNLESS - Each of the undertakings concerned achieves more than two-thirds of its aggregate UNION wide turnover within on MS. - May still be Union dimension if turnover thresholds aren’t met but others are – at least 3 MS have to be involved, Article 1(3). - Define the relevant markets, calculate market shares and concentration levels (HHI index) (The Merger Guidelines). - An outline of the relevant markets in which the undertakings are operating in. - Look to the EU Horizontal Merger Guidelines (paras 10-21) for safe harbours of HHI. - HHI < 1000 = no problem. - HHI < 1000-2000 (increment < 250) = no problem. - >2000 (Increment...