Agreement Merger Control
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Belarus: The Government of the Republic of Belarus has established that certain documents and certificates will remain valid three months after the expiry date, at the expiration of the period between 30 April and 31 July 2020. These documents include the authorization of mergers granted by MART and the provisional authorization of share transactions, shares in the capital chartered by the insurance companies issued by the Ministry of Finance. The application can be filed at any time before closing; there is no filing deadline. However, permission must be granted to close the operation. In a merger with banks, the Federal Financial Market Supervisory Authority (FINMA) has the power to authorize a merger it deems necessary for reasons of protection of creditors who take priority over competition issues. In such cases, FINMA replaces ComCo, which only obtains a right of consultation. Australia: Non-essential personal meetings with the ACCC are unlikely to be available in the near future, but Skype calls and video conferencing may proceed normally. There are no legal timelines for merger reviews conducted as part of the ACCC`s informal authorization process, but the ACCC contains guidelines setting approximate timelines. Although still uncertain, the overall impact of COVID 19 on review times is expected to be negative, at least in the short term. The ACCC anticipates a significant increase in the number of companies requesting urgent interim authorization to coordinate behaviour (for example. B the ability for competitors to cooperate in allocating limited resources to meet the Needs of the Community or to create a coherent industry response to the crisis). Such requests will be an important priority for the ACCC and may divert resources from the ACCC`s merger unit. Currently, the ACCC does not ask the parties to delay applications for merger or authorization authorization, but encourages the parties to consider whether some of them could be deferred appropriately – for example, those that are not urgent or mergers that are more speculative or are at a very early stage without a sale agreement.
The ACCC encourages the competition advisor to update the ACCC on a regular basis regarding changes to the economic date of eligible mergers and/or changes in the likelihood of such mergers occurring under current market conditions. Precision of THE MART of 19.08.2019 “On the commission`s application procedure for obtaining consent to the merger” Simplified closing statements may be requested for intragroup transactions (see section 20) and for the acquisition of shares of natural monopolies or the acquisition of shares in commercial enterprises by natural monopolies (see section 12). The simplified notification of the merger must be submitted to MART no later than 1 month (30 days for transactions related to natural monopolies) from the closing date of a transaction. In the event of the creation of a new joint venture, ComCo requires that the joint venture be a full-service joint venture. In cases where parent companies gain joint control of an existing business, ComCo was not always aware of whether the “full functionality” test should be met. MART is the only public authority with the power to control mergers in Belarus. In the area of concentrations, notices and guidelines (see list below) play an important role in interpreting the merger regulation. Revenue is calculated on the basis of the most recent annual accounts of participating companies and their associated companies, including direct or indirect parent companies, subsidiaries, joint ventures and subsidiaries of parent companies.