Written by Simon Harms and Stephen C. Tupper

1. Background

A significant number of countries worldwide now operate mandatory merger control regimes. Cross-border M&A activity, as a result, increasingly involves notifications in several jurisdictions. Most regimes are national in scope, however, important supranational merger control regimes exist – such as European Union (“EU”) merger control.

Whilst EU merger control operates as a “one-stop shop” for the entire EU¹for transactions meeting certain thresholds, 26 of the 27 EU Member States² operate national merger control regimes for transactions that do not. As a result, many transactions require notification to multiple merger control authorities within the EU, each subject to its own procedural and substantive rules which vary significantly from jurisdiction to jurisdiction.^{3
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