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1.
Relevant legislation and regulators
What is the relevant legislation and who enforces it?To read more
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2.
Scope of legislation
What kinds of mergers are caught?To read more
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3.
What types of joint ventures are caught?To read more
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4.
Is there a definition of ‘control’ and are minority and other interests less than control caught?To read more
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5.
Thresholds, triggers and approvals
What are the jurisdictional thresholds for notification and are there circumstances in which transactions falling below these thresholds may be investigated?To read more
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6.
Is the filing mandatory or voluntary? If mandatory, do any exceptions exist?To read more
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7.
Do foreign-to-foreign mergers have to be notified and is there a local effects or nexus test?To read more
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8.
Are there also rules on foreign investment, special sectors or other relevant approvals?To read more
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9.
Filing formalities
What are the deadlines for filing? Are there sanctions for not filing and are they applied in practice?To read more
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10.
Which parties are responsible for filing and are filing fees required?To read more
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11.
What are the waiting periods and does implementation of the transaction have to be suspended prior to clearance?To read more
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12.
Pre-clearance closing
What are the possible sanctions involved in closing or integrating the activities of the merging businesses before clearance and are they applied in practice?To read more
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13.
Are sanctions applied in cases involving closing before clearance in foreign-to-foreign mergers?To read more
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14.
What solutions might be acceptable to permit closing before clearance in a foreign-to-foreign merger?To read more
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15.
Public takeovers
Are there any special merger control rules applicable to public takeover bids?To read more
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16.
Documentation
What is the level of detail required in the preparation of a filing, and are there sanctions for supplying wrong or missing information?To read more
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17.
Investigation phases and timetable
What are the typical steps and different phases of the investigation?To read more
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18.
What is the statutory timetable for clearance? Can it be speeded up?To read more
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19.
Substantive test
What is the substantive test for clearance?To read more
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20.
Is there a special substantive test for joint ventures?To read more
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21.
Theories of harm
What are the ‘theories of harm’ that the authorities will investigate?To read more
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22.
Non-competition issues
To what extent are non-competition issues relevant in the review process?To read more
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23.
Economic efficiencies
To what extent does the authority take into account economic efficiencies in the review process?To read more
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24.
Regulatory powers
What powers do the authorities have to prohibit or otherwise interfere with a transaction?To read more
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25.
Remedies and conditions
Is it possible to remedy competition issues, for example by giving divestment undertakings or behavioural remedies?To read more
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26.
What are the basic conditions and timing issues applicable to a divestment or other remedy?To read more
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27.
What is the track record of the authority in requiring remedies in foreign-to-foreign mergers?To read more
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28.
Ancillary restrictions
In what circumstances will the clearance decision cover related arrangements (ancillary restrictions)?To read more
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29.
Third-party involvement and rights
Are customers and competitors involved in the review process and what rights do complainants have?To read more
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30.
Publicity and confidentiality
What publicity is given to the process and how do you protect commercial information, including business secrets, from disclosure?To read more
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31.
Cross-border regulatory cooperation
Do the authorities cooperate with antitrust authorities in other jurisdictions?To read more
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32.
Available avenues
What are the opportunities for appeal or judicial review?To read more
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33.
Time frame
What is the usual time frame for appeal or judicial review?To read more
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34.
Enforcement record
What is the recent enforcement record and what are the current enforcement concerns of the authorities?To read more
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35.
Reform proposals
Are there current proposals to change the legislation?To read more
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Updates and trends
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Sele Frommelt & Partner Attorneys at Law is one of the largest law firms in Liechtenstein. We provide a wide range of clients from multinational and national corporations and banks, auditing firms and insurances to private individuals with comprehensive legal services and represent them before all courts and authorities in Liechtenstein.
View more information about Sele Frommelt & Partners Attorneys at Law Ltd
Vaduz
Meierhofstrasse 5PO Box 1617, 9490
Vaduz
Liechtenstein T: +423 237 11 55
F: +423 232 00 06
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