Comments on the European Commission’s Draft Jurisdictional Notice on the Control of Concentrations
Publication date : 18/12/2006 | Document Number : 225/638
In general, ICC welcomes the idea of a consolidated notice since it is easier to use.
In addition, the draft Notice takes into account the changes to the Merger Regulation from 2004 and the recent changes in jurisdictional policy
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 also notes the new guidance on changes in transactions after they have been approved by the European Commission (“the Commission”). In addition, ICC welcomes the improvements to the previous notices, with regard to interrelated transactions and clarification of the concepts of sole control, joint control and changes in the quality of control.