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Merger thresholds


Merger control review below filing thresholds – the ECJ Towercast judgment adds one more arrow to the quiver
By Christoff Soltau and Dr Björn Herbers (CMS Hasche Sigle)
New higher and lower filing fees in the US
As per 27 February 2023, filing fees in the US have been significantly increased for large transactions, whereas there is a small reduction of fees for the smallest transactions. Filing fees can be seen in topic 36 in the Guide for the US.
New Appropriations Bill Reforms Antitrust Laws and Modifies HSR Fees
By Paul S. Jin, Kara Kuritz, Simone Waterbury, Kevin Walsh and Whitney Williams (Goodwin)
Merger control statistics - Australia 2021-22
By Amanda Tesvic, Roderick Kennedy and Alyssa Phillips (Ashurst)
Conference - GCR Live: Global Merger Control 2022
Join us on 19 October 2022 at the Hilton Brussels Grand Place for GCR Live: Global Merger Control 2022 - covering recent developments in merger control review across the globe. Speakers, including regional and national government officials from key jurisdictions, private practice lawyers, economists and company representatives, analyse developing theories of harm across markets in our digital age, the question of the viability of remedies as perceived by different authorities, jurisdictional and procedural challenges in mergers and the ever-evolving role of economic evidence in addressing novel theories of harm.
Dutch courts reject public interest claim in merger case (updated)
By Nina Korstenbroek and Sarah Beeston (Van Doorne N.V.)
CBb upholds approval decision by ACM after annulment by the District Court of Rotterdam
By Nina Korstenbroek and Sarah Beeston (Van Doorne N.V.)
Lear Competition Festival 21-23 September
Mergerfilers is co-sponsoring this year’s Lear Competition Festival in Rome, 21-23 September. The festival brings together stakeholders of the antitrust community, and experts from a variety of backgrounds addressing a range of very interesting competition law and economics topics. Click here to find the full agenda and registration form.
Peru: draft Guidelines for the qualification and analysis of merger transactions published
Indecopi has published draft Guidelines for the qualification and analysis of merger transactions.
EU's General Court confirms Commission's new merger referral policy in Illumina/Grail case
By Björn Herbers and Christoff Henrik Soltau (CMS Hasche Sigle)
Ten key takeaways of the draft revision for the EU merger control procedure
By Dr Björn Herbers (CMS, Brussels) and Christoff Henrik Soltau (CMS, Germany)
Merger control statistics - Australia 2020-21
By Roderick Kennedy, Amanda Tesvic and Alyssa Phillips (Ashurst)
New thresholds etc. in Turkey
With effect from 4 May 2022, merger regulations have been amended in Turkey, including significantly higher thresholds for merger filing - and a list of industries for which the thresholds are not fully applicable. 
New thresholds in Israel
New (higher) turnover thresholds for merger notifications have now entered into force in Israel.  Also note that a new notification form will apply as of 20 May 2022. From this date there will no longer be a simplified notification form available.
New significantly higher merger filing thresholds in Turkey
Merger regulations have been amended in Turkey, including significantly higher thresholds for merger filing - and a list of industries for which the thresholds are not fully applicable.  The changes apply from 4 May 2022.  The relevant changes are indicated in red boxes in the Merger Filing Guide.
Hamel-Smith - National Expert for Trinidad & Tobago
Trinidad & Tobago is now included in the Merger Filing Guide - Content has been provided by Hamel-Smith. 
Updated US merger filing thresholds
Merger filing thresholds and thresholds for filing fees in the US have been updated - applicable as of 23 February 2022.
Díez Canseco Competencia & PI - National Expert for Peru
Peru has been added to the Merger Filing Guide - Content has been provided by Díez Canseco Competencia & PI.
India – A snapshot of merger control status and statistics – November 2021
By Anshuman Sakle and Aakriti Thakur, Cyril Amarchand Mangaldas
Vouga Abogados - National Expert for Paraguay
Paraguay is now included in the Merger Filing Guide - Content has been provided by Vouga Abogados. 
General Court backs European Commission in Altice gun jumping case – confirming strict standard for standstill obligation
The General Court dismissed Altice's action against the European Commission's 2018 decision imposing two fines totalling EUR 124.5 million for "gun jumping" in connection with Altice's acquisition of PT Portugal, confirming the Commission's findings regarding the infringements and only correcting the amount of the fine by 10%. The judgment provides important clarifications regarding the interpretation and the application of the notification obligation and the standstill obligation for transactions subject to EU merger control.
New domestic turnover threshold in Austria
In Austria, major changes to the Cartel and Competition Act have been adopted. The changes include 1) a new domestic turnover threshold, 2) introduction of the SIEC test and 3) an increase of the filing fee. These three amendments will only have effect from 31 December 2021 (whereas it was previously unclear whether this will also be the case for the new domestic turnover threshold, the Austrian Competition Authority now has taken the view that this second domestic turnover threshold will only apply to concentrations implemented after 31 December 2021). The new domestic turnover threshold will reduce the number of filings necessary in Austria. 
Revision of proposed FDI regime in the Netherlands
The draft Foreign Direct Investment (FDI) regulation presented by the Dutch government last year has, following significant criticism, been amended. The revised proposal has now been published. National experts, Van Doorne, have reviewed this new proposal. Their summary is now available in the FDI section at MergerFilers.
A general FDI regime came into force today in Denmark
The Danish FDI regime applies for any investments etc. completed on or after 1 September 2021. Accura has provided details on the rules in the Foreign Investment section. The Danish FDI regime is likely to apply to a broad range of investments.
Esguerra - National Expert for Colombia
Colombia is now included in the Merger Filing Guide - Content has been provided by Esguerra Asesores Jurídicos. 
EU merger control regardless of thresholds - Article 22 referrals
By Dr Bjoern Herbers (CMS, Brussels) and Christoff Henrik Soltau (CMS, Germany)
Misleading information provided by merging parties
The European Commission’s recent EUR 7.5 million fine issued to Sigma-Aldrich  for providing misleading information during the Merck/Sigma-Aldrich merger control proceedings is a reminder for all parties in merger cases of the importance of providing competition authorities with complete and accurate information
BBA//Fjeldco - National Expert for Iceland
Iceland is now included in the Merger Filing Guide - Content has been provided by BBA//Fjeldco. 
The Netherlands - Merger control status and statistics 2019-2020
By Sarah Beeston and Cihan Erdogan (Van Doorne)
Argentina - Merger control status and statistics - May 2021
By Luis Barry, Carolina Abdelnabe Vila, Clara Rodríguez Llanos and Sonia Del Regno (Pérez Alati, Grondona, Benites & Arntsen)
Dutch Court annuls approval of merger
By Sarah Beeston and Femke Beelen (Van Doorne)
Adjustment of thresholds etc. in Kazakhstan
In Kazakhstan, a set of changes to competition regulation and policy is being introduced. As part of these changes, the Competition authority has been restructured resulting in creation of the Agency which, unlike the Committee that it replaces, is an independent body directly subordinated to, and accountable for, the President of the Republic of Kazakhstan. This change makes the Competition authority’s structure in line with the requirements and recommendations of OECD. Please also note that the turnover thresholds have been amended following the yearly review of the basis for its calculation. Zan Hub has provided the up-date. See the full guide for Kazakhstan here.
Decrease of size-of-target threshold in Canada
In Canada, the size-of-target merger filing threshold has been decreased from 96 to 93 million CAD as a consequence of the yearly review of the threshold based on GDP.  Update provided by Stikeman Elliott.
Adjustment of merger filing thresholds in Argentina
In Argentina, the merger filing thresholds have been increased as a consequence of the yearly review of the thresholds. You can find the thresholds under topic 14 in the merger control guide. Update provided by Pérez Alati, Grondona, Benites & Arntsen.
Meitar Law Offices - National Expert for Israel
Israel is now included in the Merger Filing Guide - Content has been provided by Meitar Law Offices. 
Ketler & Partners - National Expert for Slovenia
Slovenia is now included in the Merger Filing Guide - Content has been provided by Ketler & Partners - member of Karanovic. 
Mishcon de Reya - National Expert for the UK
The United Kingdom is now included in the Merger Filing Guide - Content has been provided by Mishcon de Reya. 

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Latest Decisions

DOJ Press Release #23-252: JetBlue Airways Corporation (JetBlue) - Spirit Airlines, Inc. (Spirit)
7/03/2023 United States
The Justice Department, together with Attorneys General of the Commonwealth of Massachusetts, the State of New York, and the District of Columbia, filed a civil antitrust lawsuit to block JetBlue Airways Corporation’s (JetBlue) proposed $3.8 bi ...
FTC Matter #221-0142: Intercontinental Exchange, Inc. - Black Knight, Inc.
9/03/2023 United States
The Federal Trade Commission issued an administrative complaint to block the proposed merger between the nation’s largest provider of home mortgage loan origination systems and other key lender software tools, Intercontinental Exchange, In ...
DECISION M.10663: Orange - VOO - Brutélé
20/03/2023 European Union (EU)
The European Commission approved the acquisition of VOO and Brutélé by Orange. The approval is conditional on full compliance with a commitments package offered by Orange.  VOO is a Belgian cable operator active in the Wall ...
DECISION M.10834 : AGROFERT Group - Borealis AG's nitrogen business
13/03/2023 European Union (EU)
The European Commission unconditionally approved the acquisition of the nitrogen business of Borealis AG (‘Borealis NITRO') by AGROFERT Group (‘AGROFERT'). Borealis AG and AGROFERT are both active in the agricultural and ...
16/03/2023 Greece
The Hellenic Competition Commission ("HCC") unconditionally approved the proposed acquisition of the part of ISO-PLUS NUTRITIONAL SUPPLEMENTS SPORTS GOODS S.A.'s business that concerns the distributuion of the line of products trad ...
Lambadarios Law Firm
DECISION 813/2023: Diamantis Masoutis S.A - Super market - FAMILY SUPER MARKET Single Member S.A.
6/03/2023 Greece
The Hellenic Competition Commission ("HCC") unconditionally approved the proposed acquisition of sole control over FAMILY SUPER MARKET Single Member S.A. by Diamantis Masoutis S.A - Super market. The transaction primarily conce ...
Lambadarios Law Firm
ECJ JUDGMENT in case C-449/21: Towercast - TDF - ITA
16/03/2023 European Union (EU)
In 2016, TDF acquired sole control of Itas. The transaction did not trigger the thresholds for merger control, neither in the EU Merger Regulation nor in the the French Commercial Code, and consequently it was not notified or examined ...
DECISION in Merger Case No. 08700.004293/2022-32: BASF SE - BMW Holding B.V. - Henkel AG & Co. KGaA - Mercedes-Benz AG - Robert Bosch GmbH, SAP SE - Schaeffler Invest GmbH - Siemens Industry Software GmbH - T-Systems International GmbH - Volkswagen AG - ZF Friedrichshafen AG
8/02/2023 Brazil
The joint venture between German-based automobile players was approved by CADE’s Administrative Tribunal, conditioned to the adoption of a set of remedies unilaterally imposed by CADE, in a full-form procedure. BASF, BMW, Henkel, Mercedes-Be ...
Pinheiro Neto
DECISION in Meger Case No. 08700.007988/2022-76: APM Terminals B.V. - Atlantico Sul Empreendimentos e Participacoes Ltda.
8/02/2023 Brazil
APM Terminals B.V.'s (“APMT”) transaction with Atlantico Sul Empreendimentos e Participacoes Ltda. (“Atlântico Sul”) was approved by CADE’s Administrative Tribunal, in a fast-track procedure. APMT, owned by ...
Pinheiro Neto
DOJ Press Release #23-144: Tenaris, S.A. (Tenaris) - Benteler Steel & Tube Manufacturing Corp. (Benteler)
6/02/2023 United States
Tenaris, S.A. (Tenaris) announced that they have abandoned a $460 million merger with Benteler Steel & Tube Manufacturing Corp.’s (Benteler) steel and tube manufacturing facility. The decision comes after the Justice Department’s Anti ...

view more... provides an ALWAYS UP-TO-DATE and well-explained worldwide merger control guide.

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