What does Merger control mean? Merger control is the review of mergers, acquisitions and certain joint ventures by competition authorities to prevent anti-competitive effects and to clear, condition or prohibit deals. In the UK, it is governed by the enterprise Act 2002 (as amended). The competition and markets authority (CMA) may review completed or anticipated deals where a 'relevant merger situation' arises: enterprises cease to be distinct and either the target’s UK turnover exceeds £70m or the parties meet/increase a 25% share of supply in the UK (or a substantial part). Notification is voluntary, but the CMA can call in transactions and impose...
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Note—to check if notification thresholds in Romania and worldwide are satisfied, please refer to: Where to Notify.
Romania’s merger control framework last changed with the Romanian Competition Council Merger Regulation adopted on 20 July 2017 (the 2017 Merger Regulation), which marked the most recent amendments and remains the reference for current practice. By contrast, notable changes have occurred in the Foreign Direct Investment (FDI) screening sphere which, while separate from classical merger control, is highly pertinent for deals in Romania, influencing pre-closing obligations and related filings. From April 2022, a new statute governing FDI screening took effect: Government Emergency Ordinance No. 46/2022 on foreign direct investments (GEO 46/2022), which gives effect to Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 laying down a framework for screening foreign direct investments into the Union (the FDI Regulation), thereby aligning domestic rules with the Union-wide screening framework. The FDI framework was updated recently in July 2024. Before GEO 46/2022, an FDI screening was in...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...