When is a merger not a merger? Jurisdictional developments in UK merger control
In December 2013, the UK Competition Appeal Tribunal (CAT) released its ruling on the applications by Groupe Eurotunnel SA and Société Coopérative de Production SeaFrance SA (SCOP) for review of the UK Competition Commission’s (CC’s) report on the acquisition by Eurotunnel of certain assets from the collapsed SeaFrance SA business.
This case provides some welcome clarity on the line between a transaction that comprises a merger and a transaction that comprises simply the acquisition of assets. This briefing considers the case, together with other recent cases that shed light on exactly when UK merger control applies to a transaction — both in terms of whether a business is being transferred and in terms of whether sufficient control is being acquired over it.
Early consideration of these issues is advisable as this will contribute to the decision whether or not to notify, especially given newly enhanced regulatory powers to suspend or unwind deal implementation steps…
If you are registered and logged in to the site, click on the link below to read the Nabarro briefing. If not, please register or sign in with your details below.
News from Nabarro
News from The Lawyer
Briefings from Nabarro
The Pensions Regulator’s financial support direction case against various companies in the Lehman Brothers group has settled.
This briefing summarises some of the key information has to be disclosed by website operators.
Analysis from The Lawyer
Nabarro senior partner and self-confessed “IT geek” Graham Stedman is heralding a major set of investments in technology ahead of the firm’s move to 125 London Wall this year.
Clients are more willing to bring claims against professional service providers but the risk to defendants is not as dramatic as it might seem