How to notify a merger
As the business world evolves, your strategy evolves too!
From mergers and takeovers to the creation of joint ventures, all such transactions must be notified to the Autorité de la concurrence if they are above a certain size.
How should you notify your proposed merger? Here is the procedure to follow.
Guidelines
How do I know if a transaction needs to be notified?
To find out more about the current rules and the applicable turnover conditions, click here.
Who is responsible for notification?
- In the case of a takeover, the company acquiring control notifies the transaction.
- In the case of a merger, the merging companies notify the transaction.
- In the case of the creation of a joint venture, the companies creating the joint venture notify the transaction.
How do I notify a transaction?
Request for the appointment of a case officer (optional)
In anticipation of the pre-notification or forthcoming notification of a merger, companies may contact the Mergers Unit to request the appointment of a team to examine the transaction. The request, which is optional, should be sent directly by e-mail to controle.concentrations@autoritedelaconcurrence.fr with the completed form.
Pre-notification (optional)
Before formally notifying a merger, companies may contact the Autorité informally. Pre-notification provides an opportunity for a company to discuss the feasibility of its plans with the Mergers Unit and make any necessary advance arrangements in the case of a complex merger, as well as to minimise the risk of submitting an incomplete notification file.
To send a pre-notification or for any preliminary questions, please contact the Mergers Unit
by email or by telephone on +33 (0)1 55 04 01 72.
Notification
Notification files – whether paper or electronic – should be submitted before 7 p.m., otherwise they will be taken into account on the next working day.
Notification via the Hermès electronic document exchange platform
In accordance with Article R. 430-2 of the French Commercial Code (Code de commerce), mergers may be notified electronically via the Hermès platform.
If you wish to notify a merger electronically, please send an email to greffe.concentrations@autoritedelaconcurrence.fr to request the creation of an account.
Once you have access to the platform, the Mergers Registry will send you an e-mail with instructions on how to submit your notification file on the platform. The instructions are also available on the platform home page.
One you have uploaded your documents, the Mergers Registry will check whether your notification file is complete and will send you an acknowledgement of receipt stating the date of receipt of the notification, pursuant to Article R. 430-2 III of the French Commercial Code. If the file is incomplete, the Mergers Registry will send you a letter detailing the information to be completed or rectified.
Notification by post
Notifications of proposed mergers may be sent to the Autorité by registered letter with acknowledgement of receipt or submitted, in hard copy together with an electronic version, at the following address:
Autorité de la concurrence
Chef du service des concentrations
11, rue de l’Échelle
F-75001 Paris (France)
Notifications may be submitted on working days between 9 a.m. and 7 p.m.
Following receipt or submission, notification files are stamped with the date when they reached the Autorité. The date stamp and acknowledgement of receipt do not constitute registration.
Notification form
The following summary tables (in French) may help you, for certain transactions, to provide a simple presentation of your competitive analysis of the transaction to be notified.
Notification directly online with no form
For certain very simple transactions (e.g. in the distribution sector, with no overlapping), you may notify your transaction directly online by following the procedure corresponding to your situation, as explained below.
To do so, go to the Simplified procedures website (in French).
