Merger Control In France

In the cases where a merger, acquisition or a joint venture does not fall into the scope of the EC Merger Control Regulation, it may be subject to control by one or several Member States, each of which sets its own national rules to that purpose. The relevant provisions in France are contained in the recently amended Code of Commerce, in its Book IV, title III, “Economic Concentration”.

The following questions have been addressed in this article:

Which operations should be notified to the Minister and when (thresholds and triggering events)?
How long does the procedure last?
What is being checked?
What are the parties’ (including third persons’) rights?
What are the sanctions for not complying with merger control rules?


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