Coordinated effects (mergers) meaning

This Practice Note explains how the European Commission (the Commission) undertakes the substantive appraisal of mergers under the EU Merger Regulation (EUMR). Where a deal falls within the EUMR, the Commission must decide whether the concentration is compatible with the single market. Under the EUMR, any concentration that brings about a significant impediment to effective competition (SIEC) in the internal market, or a substantial part of it, in particular through the creation or strengthening of a dominant position, must be declared incompatible with the single market. By contrast, a concentration that does not lead to a SIEC in the internal market, or in a substantial part of it, must be cleared (ie deemed compatible with the single market). The SIEC test The SIEC test was introduced into EU competition law to close a gap identified by the European Courts when assessing the Commission’s attempts to address non‑coordinated effects in oligopolistic markets that at the same time did not trigger either single‑firm or collective dominance (which had originally limited...

NOTE—to check whether notification thresholds in Namibia and across the globe are satisfied, consult: Where to Notify. Introduction The merger control framework in Namibia is set out in Chapter 4 of the Namibian Competition Act 2 of 2003 (the Act) together with the merger control rules promulgated under the Act (the Rules). Competition Law in Namibia is implemented through coordinated efforts of several authorities, namely the Namibian Competition Commission (Commission), the Minister of Industrialisation and Trade (Minister), and the Namibian High Court. Where the applicable financial thresholds are reached, merger filings are compulsory and must be submitted to the Commission. The Minister may, on application, review decisions of the Commission. Under section 42 of the Act, a ‘merger’ arises where one or more undertakings, directly or indirectly, obtain or create direct or indirect control over all or part of another undertaking’s business...