How do you manage the risks linked to local merger control laws? Samantha Mobley and Grant Murray explain
Approximately 120 jurisdictions worldwide have merger control laws. Almost all provide for penalties for failure to notify qualifying transactions. Most laws are suspensory, which means the deal cannot close until regulatory clearance is obtained.
Leading global competition authorities are committed to convergence – but the reality for a busy in-house lawyer is a dizzying array of national (and sometimes regional) merger control regimes to navigate.
The risk is real: more than 30 merger control authorities across five continents imposed total fines of over US$90 million for failure to file or unauthorized implementation in the last four years alone. This includes two fines totalling ₹40 million (US$598,000) in India; a fine of US$22 million by the European Commission; and five fines totalling over US$2 million in Brazil.
Three compliance tips can help you manage the risks of non-compliance with local merger control laws.
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