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One of the most important questions within every M&A deal is whether the transaction at hand is subject to merger clearance. The answer to said question might impact the timeline and (potentially) the successful completion of the deal itself. Up until Towercast cases (C-449/21), the analysis was straightforward by applying the clear turnover-based rules defining the applicability of the Regulation No 139/2004 (“Merger Regulation”).

Effective 1 January 2024, the Czech Energy Act (No. 458/2000 Coll.; "EA") mandates notification to the Ministry of Industry and Trade for both direct and indirect acquisitions of elements of energy critical infrastructure. The parties will be under a standstill obligation until the transaction is cleared. Notably, the triggering event is set to 10 % of shares or voting rights or even lower. Let's take a closer look at the new transaction review feature.

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