A Foreign Merger Notification Advisor helps antitrust and competition law teams to evaluate which local competition authorities need to be notified about a cross-border merger. It enables those professionals to quickly assess the competition law implications of such a transaction against the respective regulatory frameworks of all involved jurisdictions and produces a transparent overview of all legal implications arising as a result. All assessments are documented in an audit trail. If desired, a dashboard can be generated to keep track of ongoing notification procedures in all affected jurisdictions.
Under the antitrust and competition laws of many jurisdictions, the respective competition authority has to be notified about cross-border mergers involving companies which are active on their market. Competition law professionals are therefore required to evaluate whether a notification of a transaction is compulsory in each affected jurisdiction. While this process can be very onerous and time consuming, it is inevitable for the closing of the transaction. Law firms and in-house teams therefore need to have reliable processes in place to conduct this recurring process in an efficient and transparent manner.
The Foreign Merger Notification Advisor contains a structural representation of each jurisdiction’s provisions and thresholds which trigger the notification requirements of the respective competition authorities. The user is guided through an interactive questionnaire which allows the tool to automate the assessment as to whether a filing of a transaction in a particular jurisdiction is required. The modular logic of the tool can easily be extended to include additional jurisdictions’ competition laws so that all required use cases are accounted for in the course of the assessment. As a result, the Foreign Merger Notification Advisor produces a report which transparently lists the competition authorities which need to be notified along with the required information for each notification and a fact summary regarding the assessment. All results can be stored in a central database and visualized on a dashboard which helps to keep track of ongoing notification processes.
How it works
Through a user-friendly and interactive questionnaire all relevant data of the transaction is collected and processed. This enables the assessment of potential merger notification duties in many jurisdictions automatically and at the same time.
A transparent report of the individual assessments is automatically generated, listing the jurisdictions which require a notification of their competition authority and providing guidance on form requirements and special circumstances.
A dashboard keeps track of ongoing notification processes and their respective deadlines. This ensures timely completion and compliant behavior.