Introducing a new quarterly series of practical guidance content from our antitrust & competition team, exploring key themes across the full spectrum of antitrust and competition law – from transactions and regulatory clearances to litigation, investigations, and emerging topics such as AI. Each instalment will offer concise and actionable insights on the issues that matter most.

Regulatory tools

Merger control aims to avoid transactions causing concentrations that significantly impede effective competition in the market. Competition regulators will review transactions that exceed certain jurisdictional thresholds, and in some cases, transactions that fall below mandatory notification thresholds.

Foreign Direct Investment screenings protect public order, security, or national interests, and are dealt with at a national level (with an EU framework for inter-European cooperation).

The Foreign Subsidies Regulation provides for the control of mergers or acquisitions where the parties have received foreign financial contributions exceeding thresholds.

In most countries, prior notification is mandatory, and parties must await clearance before proceeding with their transaction. Failure to notify, obtaining authorization by fraud, or closing without clearance may constitute gun jumping.

A concentration is generally defined as a merger, acquisition, or creation of a full-function joint venture.