[2021/0701]
On June 9, 2021, the Fair Trade Commission (the “FTC”) announced that it will provide consulting services for the filing of pre-merger application in order to facilitate the FTC’s review of the application. The draft of “Guidelines for Pre-Merger Filing Consulting Services” was put forth for public consultation.
According to Article 11 of the Fair Trade Act, a pre-merger filing is required in the event that the merger will reach a certain market share, that the merging enterprise(s) has a certain market share or that the annual sales amount of the merging enterprise(s) exceeds the threshold.
In the future, the FTC will provide consulting services for pre-merger filing upon an applicant’s request. It will consult on whether the inquired merger is subject to a merger under the Fair Trade Act, whether it needs a pre-merger filing, and which enterprise shall be the applicant. The FTC will also provide a pre-review of the documents in relation to the filing, and advise on the merging enterprises’ information, involved products and/or services, merger model, markets that may be impacted, and competition issues.
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