1 / 12

European Commission

ICN Merger Workshop March 10 – 11, 2009 Taipei, Taiwan Panel I: Setting Notification Thresholds “ Determining Whether a Filing is Required or Advisable ”. European Commission. Notification Thresholds :

truong
Download Presentation

European Commission

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. ICN Merger WorkshopMarch 10 – 11, 2009Taipei, TaiwanPanel I: Setting Notification Thresholds“Determining Whether a Filing is Required or Advisable”

  2. European Commission Notification Thresholds: Combined worldwide turnover exceeding € 5 billion AND at least 2 parties each have EU-wide turnover exceeding € 250 million OR Combined worldwide turnover exceeding € 2.5 billion AND combined turnover exceeding € 100 million in at least 3 Member States AND turnover of each of at least 2 parties exceeding € 25 million in same 3 Member States AND EU-wide turnover of each of at least 2 parties exceeding € 100 million. Parties’ Turnover: Fantasy Beverage: worldwide € 5.7 billion EEA € 1.5 billion Just Energy: worldwide € 1.5 billion EEA € 200 million Notification Required: No, but check Member States.

  3. Korea, Czech Republic

  4. Brazil

  5. Slovenia Market Share Test: Combined aggregate annual turnover of all parties, including affiliates is more than € 33.3 million before tax in the Slovenian market in each of the last two years OR Combined market share of the parties, including affiliates, exceeds 40% in Slovenia, or on a substantial part of the Slovenian market. Parties’ Market Share: Fantasy Beverage: ?? Just Energy: ?? Notification Required: ??

  6. Israel • Market Share Test: • Combined revenue in Israel exceeding ILS 150 million (approx. € 26.7 million) AND each of at least 2 parties has revenue in Israel of ILS 10 million (approx. € 1.8 million) • OR • Combined market share exceeds 50% • OR • A party to the transaction is a monopoly • Parties Turnover • Fantasy Beverage: € 30 million • Just Energy: € 1 million • not notifiable based on turnover • Parties’ Market Share: • Fantasy Beverage: >50% energy bars, healthy snacks • Just Energy: <5% energy drinks; no other sales • Notification Required: • ???

  7. Austria Notification Threshold: Combined turnover at least € 300 million AND combined Austrian turnover exceeding € 30 million AND each of at least 2 parties has worldwide turnover exceeding € 5 million. “De minimis exception”: No filing required if only 1 party has Austrian turnover exceeding € 5 million AND combined worldwide turnover of other parties doesn’t exceed € 30 million. Parties’ Turnover: Fantasy Beverage: worldwide € 5.7 billion Austrian € 0 Just Energy: worldwide € 1.5 billion Austrian € 50,000 sales + representative office Notification Required: Yes

  8. Ireland Notification Threshold: Worldwide turnover of each of at least 2 parties was at least € 40 million AND each of at least 2 parties carries on business in any part of the island of Ireland AND turnover in Ireland of at least 1 party of at least € 40 million Parties’ Activity: Fantasy Beverage: finance vehicle; internet sales (€ 2,000) Just Energy: € 50 million turnover Notification Required: ??

  9. Russia Notification Threshold: The agreement concerns fixed productive assets and/or intangible assets, shares in Russian companies or rights in Russian commercial organizations AND The agreement restricts or may restrict competition in the Russian Federation. Parties’ Activity: Fantasy Beverage: small bottling operation; no sales yet Just Energy: € 100 million in sales Notification Required: ??

  10. Germany Notification Threshold: Combined worldwide turnover exceeding € 500 million AND Turnover in Germany of at least 1 party exceeding € 25 million (New statute: Each of 2 parties at least € 5 million.) Parties’ Turnover: Fantasy Beverage: worldwide € 5.7 billion Germany € 50 million Just Energy: worldwide € 1.5 billion Germany € 2 million Notification Required: Old threshold: Yes New threshold: No

  11. Argentina, Poland

  12. Turkey Notification Threshold/Market Share Test: Combined market share in Turkey exceeding 25% OR Combined turnover in Turkey exceeding NTL 25 million (approx. € 14 million) Parties’ Turnover/Market Share: Fantasy Beverage: € 16 million Just Energy: € 0 Notification Required: Yes

More Related