International merger control update: Austrian thresholds, US HSR debt and verticals, Australian reforms, South Korean transaction-value test, and global gun-jumping fines (Aug–Sep 2021)
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Monthly summary of international merger control developments for August/September 2021. This month has seen, amongst other things, notable changes to Austria’s merger control framework, the potential withdrawal of the vertical merger guidelines and a reversal of how debt pay-off is treated under the HSR in the US, substantial proposals to reform Australia’s merger control regime, and updated merger control guidance reflecting the introduction of the new size-of-transaction test in South Korea.
Austria—significant changes to Austrian merger control introduced
On 10 September 2021, the Austrian Cartel and Competition Law Amendment Act 2021 (the Act) took effect. In relation to merger control, the principal amendments are as follows:
- A new second domestic turnover threshold requiring that at least ‘two of the undertakings concerned each […] have a turnover of more than €1m’ in Austria; the other two turnover thresholds are unchanged, i.e. a combined worldwide turnover of more than €300m (approximately $354m) and at least two concerned undertakings with a worldwide turnover of more than €5m (approximately $5.9m). It is not yet clear whether this change took effect on 10 September 2021 or after 31 December 2021
- The rollout of the...
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Web page updated on 21/05/2026
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