Legal development

International Comparative Legal Guides Merger Control in France

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    The Ashurst Competition and EU law team has contributed an overview and analysis of the latest developments in merger control in France.

    Some highlights include the impact of the COVID-19 crisis on merger control and the expiring validity of temporary measures.

    The article also explores the impact following the European Commission's confirmation of its new approach on the implementation of Article 22 of the EUMR regarding transactions that do not meet merger control thresholds and the adoption of a Guidance on its application.

    It is a move prominently advocated by the Competition Authority. On several occasions in 2021, the Competition Authority has also expressed its willingness to seize the new opportunities presented.

    In dealing with digital mergers, the authors bring attention to the latest version of the Guidelines, published on 23 July 2020, where the Competition Authority has added a new Annex entitled "Taking into account online sale" (Annex D), setting out a list of criteria that it may take into account when assessing the substitutability between online and retail sales.

    Read the chapter in full on the ICLG website.

    Chapter content includes:

    • Relevant authorities and legislation
    • Transactions caught by merger control legislation
    • Notification and its impact on the transaction timetable
    • Substantive assessment of the merger and outcome of the process
    • The end of the process: Remedies, appeals and enforcement
    • Miscellaneous
    • Is merger control fit for digital services and products?

    Authors: Christophe Lemaire (Partner, Paris) Marie Florent (Senior Associate, Paris)

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.


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