Osino Resources Corp.’s Post

South Africa: an interesting study on the number and scope of public interest merger conditions. Unfortunately, it only looked at mergers until 2019. Since then, the Commission has adopted a new public interest guideline (which notably, isn't in line with Competition Tribunal precedent), and as a result, the scale and scope of these conditions has significantly increased. Accordingly, the concerns raised in this article about the potential impact of these conditions on deal making and South Africa's ability to attract local and foreign investment, are all the more important to debate - https://lnkd.in/dUt4wk8m

Italy's Parliament recently approved significant amendments to the Italian Competition Bill that granted the Italian Competition Authority new, far-reaching powers to investigate merger and cartel proceedings, as well as potential abuse of economic dependence in the digital sector. The reform goes far beyond mere alignment of the national legislation with the EU rules. The ICA's new powers to review competitively sensitive, below-threshold transactions create an additional layer of complexity and legal uncertainty for businesses. Our Commentary provides a detailed analysis of the new rules. Read it here: https://lnkd.in/gt4QsiH7 Lamberto Schiona Mario Todino #antitrust #competitionlaw #EU #mergers #cartel

Italy's Parliament has initiated the recent amendments to the Italian Competition Bill, granting the Italian Competition Authority extensive new powers to investigate mergers, cartel proceedings, and potential abuse of economic dependence in the digital sector. This reform goes beyond mere alignment with EU regulations, as it introduces additional complexities and legal uncertainties for businesses. The Italian Competition Authority now possesses the authority to review competitively sensitive transactions that fall below the notification thresholds, adding another layer of complexity to the landscape. Our Commentary provides a detailed analysis of the new rules. Read it here: https://lnkd.in/gt4QsiH7 #antitrust #competitionlaw #EU #mergers #cartel

Merger Clearances in our neighbourhood. The requirements and tests for merger clearance differ in each jurisdiction, especially Australia, New Zealand, Papua New Guinea and Fiji. Companies that are considering acquiring assets in other companies domiciled in foreign jurisdictions need to be mindful of differing requirements in each jurisdiction to ensure they comply with the relevant competition laws and avoid penalties. Here are some pointers from the ANDE + Co. Team (with input from our affiliate firms in the offshore jurisdictions). https://lnkd.in/ghj49VfV

Italy's Parliament has initiated the recent amendments to the Italian Competition Bill, granting the Italian Competition Authority extensive new powers to investigate mergers, cartel proceedings, and potential abuse of economic dependence in the digital sector. This reform goes beyond mere alignment with EU regulations, as it introduces additional complexities and legal uncertainties for businesses. The Italian Competition Authority now possesses the authority to review competitively sensitive transactions that fall below the notification thresholds, adding another layer of complexity to the landscape. Our Commentary provides a detailed analysis of the new rules. Read it here: https://lnkd.in/gt4QsiH7 #antitrust #competitionlaw #EU #mergers #cartel

Italy's Parliament has initiated the recent amendments to the Italian Competition Bill, granting the Italian Competition Authority extensive new powers to investigate mergers, cartel proceedings, and potential abuse of economic dependence in the digital sector. This reform goes beyond mere alignment with EU regulations, as it introduces additional complexities and legal uncertainties for businesses. The Italian Competition Authority now possesses the authority to review competitively sensitive transactions that fall below the notification thresholds, adding another layer of complexity to the landscape. Our Commentary provides a detailed analysis of the new rules. Read it here: https://lnkd.in/gt4QsiH7 #antitrust #competitionlaw #EU #mergers #cartel

Italy's Parliament has initiated the recent amendments to the Italian Competition Bill, granting the Italian Competition Authority extensive new powers to investigate mergers, cartel proceedings, and potential abuse of economic dependence in the digital sector. This reform goes beyond mere alignment with EU regulations, as it introduces additional complexities and legal uncertainties for businesses. The Italian Competition Authority now possesses the authority to review competitively sensitive transactions that fall below the notification thresholds, adding another layer of complexity to the landscape. Our Commentary provides a detailed analysis of the new rules. Read it here: https://lnkd.in/gt4QsiH7 #antitrust #competitionlaw #EU #mergers #cartel

#Competition Commission of South Africa revises its Public Interest Guidelines relating to merger control Guided by the Competition Amendment Act, 2018, the revised Guidelines present the general methodology the Commission will follow in assessing Public Interest issues in merger analyses.... #Department of Trade, Industry and Competition: The Competition Commission of South Africa under the Department of Trade, Industry and Competition revised its Public Interest Guidelines relating to mergers control on 20-04-2024. The Guidelines will be effective from the date of publication in the Government Gazette and will be subject to timely amendments by the Commission. The revisions have been made in the light of the Competition Amendment Act, 2018, the main objectives of which were to deal with the structural challenges of concentrated and racially skewed ownership of businesses in South Africa. These Guidelines are majorly inspired by the amended Section 12A of the Competition Act, 1998 (“Act”) that enshrines transformative values relating to the erstwhile racially dividing policies in the Republic of South Africa, which had resulted in the status quo of business ownership in the economy....

The Competition and Consumer Protection Commission (“CCPC”) recently declared a merger notification invalid for failing to satisfactorily respond to a ‘Requirement for Information’ (“RFI”) issued by the CCPC.   The proposed acquisition was originally notified to the CCPC in October 2023. The CCPC began a preliminary Phase 1 investigation, during which it issued a RFI to both parties. Upon review of the RFI responses submitted by the parties, the CCPC conducted further engagement with both parties and declared that it was not satisfied that the RFIs had been complied with and that, as a result, the merger notification was invalid. The parties were then required to start the process over, and submit a new merger notification to the CCPC.   The CCPC’s decision highlights the additional scrutiny that mergers and acquisitions face following the introduction of the Competition (Amendment) Act 2022, which entered into force on 27 September 2023. It also serves as a reminder of the importance of good communication and engagement with the CCPC throughout the merger notification process.   Reach out to our Competition Team for further information on EU/Irish merger control: Sean Ryan, Partner and Head of EU & Competition Aleksandra Pruska, Associate, EU Registered Lawyer Kasturi Moodaliyar (PhD), Competition Lawyer   #MergerControl #Competition #CCPC

It’s happening! After years of public debate and recent consultation, Australia is moving to a mandatory suspensory merger control regime. There’s still some key thresholds to be determined before the regime comes into effect on 1 January 2026, but the reforms are significant and introduce significant procedural changes, limited appeal rights and greater scrutiny of creeping acquisitions and acquisitions by dominant firms. #mergercontrol #competitionlaw #antitrust