Merger Control and Joint Ventures

We are Stibbe Merger Control and Joint Ventures specialists

In addition to our well-established Benelux and EU merger control practice, we often coordinate notifications around the world.

Merger Control and Joint Ventures

For mergers, acquisitions and joint ventures between companies of certain sizes, the relevant competition authorities must be notified. We advise clients in the structuring process and throughout the entire notification process, wherever they are in the world.

We help clients with the application of national, international or EU merger control laws for many different transactions. Often this analysis involves numerous merger control laws outside the EU necessitating coordination through our relationships with top-tier law firms around the world.

We also assist with the drafting of acquisitions, merger and joint venture agreements, and the structuring of the transaction to avoid filings where possible or to present the file in the best possible manner for the merger control process.

Furthermore, we prepare merger control filings for clients in the Benelux, the EU and multi-jurisdictional filings around the world through our relationships with top-tier law firms in other jurisdictions. We also assist our clients throughout the entire process before the relevant competition authorities – including possible appeals before national or EU courts.

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07.02.2019 NL law
The ACM follows EU approach in its first pharmaceutical merger

Short Reads - The Dutch Authority for Consumers and Markets (ACM) recently reviewed its first merger between two pharmaceutical companies. In its conditional clearance of Aurobindo's acquisition of certain European Apotex assets, the ACM followed the European Commission's approach in assessing the merger's impact on competition. Companies will welcome the news that pharma mergers will be reviewed in a similar fashion, irrespective of whether the ACM or the European Commission conducts the review.

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07.02.2019 EU law
Digitisation and competition law: past, present and future

Short Reads - It is nearly time for the European Commission to reveal its course of action in digitisation and competition law. Feedback from a public consultation and the recent conference on 'Shaping competition policy in the era of digitisation' together with the upcoming expert panel's report on the future challenges of digitisation for competition policy are likely to shape the Commission's course of action.

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Guess what, online branding restrictions are on the Commission's radar

Short Reads - Companies are probably aware of the Commission's eagerness to clamp down on online resale price maintenance and geo-blocking restrictions. The recent fine for vertical restraints by clothing company Guess marks a new dot on the Commission's radar. Restrictions on retailers using a supplier's brand names for online search advertising purposes are just as much a no-go.

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07.02.2019 NL law
Follow-on cartel damages claim dismissed: don't bury courts under paper work

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04.01.2019 NL law
Partial fine reduction for Deutsche Telekom and Slovak Telekom for abuse of dominance

Short Reads - The General Court recently clarified that to establish a margin squeeze in the case of positive margins, the Commission needs to prove the exclusionary effects of the dominant company's pricing practices. It also indicated that in cases of refusal to grant access, it is not always necessary to establish the indispensability of the access.

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Industrial plastic-bag makers lose out on EUR 800,000 at European Court of Justice

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The need for speed in mergers is no reason to ignore rights of defence

Short Reads - On 16 January 2019, the European Court of Justice clarified the procedural guarantees the European Commission needs to provide to merging parties during merger reviews. According to the Court of Justice, the General Court (GC) had rightly annulled the Commission's decision to prohibit the merger of UPS and TNT. UPS's right of defence had been infringed because the Commission had failed to share the final version of the econometric model with UPS before adopting its prohibition decision.

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Walking the tightrope between data protection and EU investigations

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General Court dismisses Canal+ appeal against pay-TV commitment decision

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