Comments on the European Commission’s Draft Jurisdictional Notice on the Control of Concentrations(2)
Publication date : 18/12/2006 | Document Number : 225/638
ICC also welcomes the fact that the draft Notice contains new guidance in some areas and improves the guidance in other areas. In particular, ICC, along with many legal practitioners, is pleased to see that the draft Notice includes new guidance on acquisitions by investment funds, on outsourcing arrangements and on the policy that a concentration exists when an operation brings about a “lasting change” in the control of the undertakings concerned.
ICC is of the view that there is a difference in nature between the provisions of the Merger Regulation on jurisdictional matters and those dealing with substantive matters.
The former, together with guidance of the Commission determine whether or not the Merger Regulation applies to a given transaction and thus whether or not undertakings have a duty to notify a transaction.
Such provisions and the guidance of the Commission need to be precise and obviate as much as possible the need for undertakings to embark on an assessment.
In other words, jurisdictional rules must be “hard and fast”.
For further information, please contact
Caroline INTHAVISAY
Policy Manager, Competition and Transport & Logistics
Tel:
+33 (0)1 49 53 28 37
caroline.inthavisay@iccwbo.org