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COMPETITION LAW
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Partial Acquisition.
In such case, the undertakings concerned are the
acquiring undertaking and the part to be acquired in the transferring firm.
Transition from Joint Control to Full Control.
In the change of
joint control to full control the undertakings concerned are the acquiring
shareholder and the joint venture company.
Acquisition of Joint Control.
In such case, the undertakings concerned
may differ depending on the situations listed below:
• In case a new joint venture is established, each of the shareholders
whowill have a say in the joint control is regarded as an undertaking
concerned. The newly established joint venture is not regarded as
an undertaking concerned, as it does not yet have any turnover;
• In case one or more undertakings acquire another company so as
to establish joint control, each of the undertakings to have joint
control after the operation and the acquired company are regarded
as undertakings concerned;
• Acquisition of a company in order to share its assets within a
short period of time is regarded as an acquisition of full control
individually over the related parts of the acquired company by each
of the acquirers; and not as the acquisition of joint control over the
company as a whole. In such case, the undertakings concerned are
the acquiring companies and different parts that are acquired in
each operation.
Change of the Shareholders Controlling the Joint Venture.
In such
case, the undertakings concerned are all the previous and new shareholders
who will have joint control due to the structural change in the control and
the joint venture itself.
Acquisition of Control by the Joint Venture.
In such case, the
undertakings concerned may differ depending on different hypothesis:
• Where a joint venture acquires the control of another company, the
joint venture
per se
and each of the parent and each of the parent
companies may be considered as an undertaking concerned;
• In case the acquisition is realized by a full-function joint venture,
the undertakings concerned are the joint venture and the company
acquired;