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International merger control update—January 2023: annual threshold changes, US HSR fees, gun-jumping penalties and notable developments

Practice notes
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In this January 2023 round-up, annual updates to merger control thresholds have occurred in Azerbaijan, Belarus, Columbia, Ecuador, Kazakhstan, Mexico, Peru and the USA...

Azerbaijan—annual revision to notification thresholds

The yearly uplift to the monthly calculation index (used to set the monetary notification thresholds) now applies. A filing in Azerbaijan is required where:

  • the parties’ combined market share is above 35%, or
  • either party holds a market share exceeding 35%, or
  • the parties’ aggregate assets in Azerbaijan are at least AZN 25.875m (approximately €14.4m/US$15.2m) (equal to 75,000 times the current monthly minimum wage, up from AZN 25.5m in 2022)

If any threshold is met, notification is compulsory and completion must be paused until clearance is granted. Comment: this adjustment is made annually following the yearly review of the minimum wage. See further, Azerbaijan merger control...

Belarus—annual revision to notification thresholds

The basic unit (the benchmark used for the monetary notification thresholds) has increased. A transaction now requires notification in Belarus where:

  • the worldwide assets of one of the parties is BYN 7.4m (approximately €2.5m/US$2.6m)

...

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