Mergers and acquisitions

General definition of mergers and acquisitions.

The term ‘merger’ designates a process in which legal entities are transformed, resulting in their legal ‘concentration’. There are two types of merger: a merger by acquisition and a merger by the formation of a new company. In a merger by acquisition, one or more companies are wound up and their assets and liabilities are transferred to another of the companies involved in the merger, which assumes the legal status of the company being acquired. In a merger by the formation of a new company, one or more companies are wound up and their assets and liabilities are transferred to a newly formed acquiring company, which assumes the legal status of all the companies being acquired.

‘Acquisition’ means the purchase of a target company by another company. Both of these legal entities continue to exist, but their asset structure changes. Acquisition can take place in various ways and typically entails the purchase of a controlling interest in the target company or of all of its assets (a business establishment).

Concentration between competitors

Concentrations between competitors requiring the authorisation of the Office for the Protection of Competition, and the commencement of proceedings

Concentration proceedings

Simplified concentration proceedings

Particulars of an application for the authorisation of a concentration