Merger control

Merger control is the regulatory process by which competition authorities verify that proposed mergers and acquisitions do not significantly restrict competition in the relevant markets. In Switzerland, the COMCO (Commission de la concurrence) reviews transactions above specific revenue thresholds. In France, the Autorité de la concurrence has jurisdiction. For cross-border transactions, the European Commission may be competent under the EU Merger Regulation. In M&A, obtaining merger clearance is typically a condition precedent to closing — the timeline and outcome must be anticipated in deal planning and the SPA.

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Example: the acquisition of a Swiss distribution group for CHF 120.0 million by a European competitor triggers mandatory notification to the COMCO (thresholds: global revenue >CHF 2 billion and Swiss revenue >CHF 100 million for each party). The COMCO opens a Phase I review and grants unconditional clearance in 25 working days — allowing the transaction to close within the contractual longstop date.

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Hectelion identifies merger control notification obligations and coordinates with specialist competition law counsel in every cross-border Swiss and French M&A transaction.