Notes on EU merger regulations and BRIS

[DONOHOE Paul <Paul.DONOHOE@ext.publications.europa.eu>]

Dear all,

Here are some notes on what I have found so far on the new policy initiative on EU merger regulations. I did not find much public information about the data that is collected for concentrations outside of the regulations. I could not find any form templates apart from the contact details template below, or any examples of forms. The only other resource I found was the submission site itself, for which a login is required.

--------------- Current situation ---------------
Current consolidated regulation: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02004R0802-20140101; date: 01/01/2014

Mergers and acquisitions are known as "concentrations". Intended concentrations with company values above certain thresholds must notify the EC in advance. Notifications are made via a "Form CO". There is a "Short Form CO" for cases that are unlikely to raise competition concerns.

Current concentration types: full merger, acquisition of sole or joint control
Contact details required: name, address, telephone number, fax number and e-mail address of, and position held by, the appropriate contact person

Contact details template: https://ec.europa.eu/competition/mergers/template.xlsx 
Contact details template instructions: https://ec.europa.eu/competition/mergers/instructions_template_en.pdf 

I have created a basic comparison of the contact details template against UBL elements in the attached spreadsheet.

--------------- Initiative ---------------
Initiative: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12957-Revision-of-certain-procedural-aspects-of-EU-merger-control 
Current status: Feeback period on the Roadmap expires 24/04/2021

The aim of the initiative is to improve the process of assessment of proposed concentrations. There is no indication that the initiative will affect the form or structure of data collected.

Best regards,
Paul

Attachment: co-form-contact-vs-ubl.xlsx
Description: co-form-contact-vs-ubl.xlsx