A merger occurs when two or more previously independent companies merge, when they create a joint venture, or when one or more companies acquire control of all or part of one or more other companies.
The notification requirement is triggered by turnover thresholds. Depending on the thresholds reached, the merger must be notified either to the Competition Authority or to the European Commission if the transaction is of Community dimension. However, the European Commission may decide to refer a transaction of Community dimension to the Competition Authority. French law also provides for specific reduced thresholds for concentrations in the retail distribution sector.
Gouache Avocats supports you throughout the process of notifying mergers, acquisitions and joint ventures to the Competition Authority or the European Commission and assists you in negotiating commitments.
In addition, Gouache Avocats also assists both parties to mergers and interested third parties in appeals lodged against decisions of the Competition Authority before the Council of State and against decisions of the European Commission before the Community courts.
Jérôme Guillé
Avocat associé
Responsible "Distribution & Concurrence"
Guillaume Gouachon
Avocat associé
Responsible "Consommation, produits et conformité"
Martine Behar Touchais
Professeur de droit Of counsel
Responsible "Distribution & Concurrence"
