Merger Control Worldwide

Merger control has emerged as a growing area of competition law within the last decade. Merger operations can impact on a number of jurisdictions, and may require regulatory notification and approval in more than one.

Merger Control Worldwide provides practitioners and policy-makers with a clear point of reference that will prove invaluable when making decisions and delivering sound and accurate advice in merger cases. The chapters set out the details of every jurisdiction where a mechanism for merger control is in place, and make use of flowcharts and diagrams to provide a concise and practical account of the relevant law in each jurisdiction.

Maher Dabbah is Professor of Competition Law and Policy and the Founder and Director of the Interdisciplinary Centre for Competition Law and Policy (ICC), Queen Mary, University of London. He also acts as a consultant to a variety of governmental and non-governmental organisations and firms, and is a barrister of the Middle Temple.

Paul Lasok QC is a barrister who specialises in EU Law, particularly competition law. He has published widely on EU law and EU competition law.

Editors:

Board members:

The Cambridge Antitrust and Competition Series is an outstanding collection of publications in the field of competition law bearing the well-respected brand of Cambridge University Press. The Series brings together high quality academic monographs, casebooks, textbooks and cases and materials volumes, and practitioner texts on competition law which have huge interest to an international audience of students, academics, policy-makers, and practitioners.

The Series is led by a team of competition law scholars and practitioners who are well known in the field and who together bring to the Series an enormous wealth of expertise and experience.

The Series covers competition law in the widest sense. Publications within the Series consider various legal, economic and political developments related to competition law and policy. They also consider the application of competition law and policy in sector-specific as well as cross-sector contexts and deal with policy questions ranging from the formation and adoption of competition law and policy (whether at national, regional or international level) to those dealing with enforcement, and the connection between law and competition in the marketplace. The Series also accommodates different analytical and interdisciplinary viewpoints, such as law and economics; law and political science; law and economic geography-driven perspectives.

The Series includes publications designed to cater for academic demands as well as practitioner publications catering for the continuously evolving needs of regulators, policy-makers, and practitioners, in particular lawyers and economists (who increasingly provide advice on regulatory questions).

The editorial board of the Series welcome proposals by authors and editors who are interested in contributing to the Series through: academic monographs; revised PhD theses of high quality; practitioner texts and collections; and edited volumes.

Second Edition

Maher M. Dabbah

Professor of Competition Law and Policy and Director, Interdisciplinary Centre for Competition Law and Policy (ICC), Queen Mary, University of London

K. P. E. Lasok

Barrister, Monckton Chambers, London, UK

CAMBRIDGE UNIVERSITY PRESS
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Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press, New York

www.cambridge.org
Information on this title: www.cambridge.org/9780521195096

© Cambridge University Press 2012

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First edition published by Cambridge University Press 2005

Second edition published by Cambridge University Press 2012

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

Library of Congress Cataloguing in Publication data

ISBN 978-0-521-19509-6 Hardback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Contents

Preface

The aim of Merger Control Worldwide is to provide a detailed, comprehensive overview of the substantive and procedural merger control laws around the world. The original aim was to have a wider jurisdictional coverage. However, following careful consideration, we considered it unnecessary to provide a dedicated chapter in the case of some jurisdictions, either because they have nascent merger regimes or because the application of their competition law provisions to merger transactions appears to be somewhat theoretical.

Preparing this edition has been a great experience for both of us. We have very much enjoyed working with our contributors, to whom we are extremely grateful for agreeing to become involved and for producing extremely interesting and top-quality chapters. As with the first edition, we are planning to produce regular annual supplements in order to capture all changes occurring in the different merger control regimes covered in this work and also to add separate chapters of new regimes as they emerge or of current nascent ones should these develop in the near future.

Maher M. Dabbah

K. P. E. Lasok
QC

London

List of Contributors

Guenter Bauer

Sokol Nako

Marcelo A. den Toom

Davit Harutyunyan

Karine Poladyan

Allan Fels

Sharon Henrick

Martyn Taylor

Claudine Vartian

Siegfried Zachhuber

Maher M. Dabbah

Martin Favart

Antoine Bailleux

Guenter Bauer

Sead Miljkovic

Cristianne S. Zarzur

Lilian Barreira

Marcos P. Garrido

Vladimir Penkov

Svetlin Adrinov

Mark Opashinov

Claudio Lizana

Lorena Pavic

Eduardo Poehls

Maher M. Dabbah

Martyn Huckerby

Maher M. Dabbah

Humberto Pacheco

Freddy Fachler

Jolene Knorr

Boris Porobija

Maher M. Dabbah

Elias Neocleous

Eleana Spyris

Alena Bányaiová

Lucie Bányaiová

Jens Munk Plum

Erik Bertelsen

Morten Kofmann

Katri Paas-Mohando

K. P. E. Lasok QC

K. P. E. Lasok QC

J. Holmes

Mikael Wahlbeck

Anna-Liisa Saukkonen

Juliette Goyer

Lauriane Lépine

Jean-Paul Tran-Thiet

Werner Berg LL.M.

Panayotis M. Bernitsas

Angela Nissyrios

Martyn Taylor

Martyn Huckerby

Iván Sólyom

Árni Vilhjálmsson

Ólafur Ari Jónsson

Eiríkur Hauksson

Atul Chitale

Pheo M. Hutabarat

Michael M. Collins SC

Maher M. Dabbah

Dror Strum

Mario Siragusa

Matteo Beretta

Matsushita Mitsuo

Eriko Watanabe

Maher M. Dabbah

Kyung-Taek Jung

Jung-Won Hyun

Liga Hartmane

Martins Gailis

Jaunius Gumbis

Marius Juonys

Karolis Kačerauskas

Sanja Milanovic

Eugène Buttigieg

Gustavo A. Alcocer

Carlos Woodworth

Jolling K. de Pree

Simone J. H. Evans

Phil Taylor

David Blacktop

Eivind Vesterkjær

Aliya Yusuf

Omar Iqbal

Maher M. Dabbah

Carlos A. Patrón

Luis Manuel L. Gatmaitan

Agnieszka Stefanowicz-Baranska

Mário Marques Mendes

Pedro Vilarinho Pires

Victor Calvete

Ricardo Filipe Costa

Ancuţa-Delia Leach

Claudia Irina Arnăutu

Maher M. Dabbah

Guenter Bauer

Beba Miletic

Kala Anandarajah

Dominique Lombardi

Ľuboš Frolkovič

Zuzana Sláviková

Guenter Bauer

Klemen Radosavljevic

Paul Coetser

Kendall Turner

Cani Fernández Vicién

Andrew Ward

A. Aluwihare-Gunawardene

Carl Wetter

Johan Karlsson

Benoît Merkt

Stéphanie Buchheim

Charles Hwang

Michael Schreiber

Peerapan Tungsuwan

Benedict W. W. Yong

Maher M. Dabbah

Maher M. Dabbah

M. Togan Turan

Alexey Pustovit

K. P. E. Lasok

Ben Rayment

Barry Hawk

Neal R. Stoll

Kenneth Schwartz

Maher M. Dabbah

José H. Frías

Maher M. Dabbah