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- Merger Screening
1. What type of transactions are caught by the merger control regime?
1.1.1 Type of transactions that are caught by the merger control rules?
Transaction bringing about or involving an economic concentration are caught by the merger regime.
The Competition Act defines “concentration” broadly as including mergers, acquisitions of control or any acts by which shares, trusts, equity, partnerships and assets of any kind are concentrated.
2. Establishing jurisdiction for notification of mergers
2.3 General thresholds
Merger filing is needed if:
- the transaction value exceeds 18,000,000 times the minimum general daily wage in Mexico (Unidad de Medida y Actualizacion (“UMA”)); or
- the transaction leads to an acquisition of at least 35% of the shares or assets of the target, and the target’s assets or turnover amount to at least 18,000,000 UMA in Mexico; or
- the assets or turnover of the undertakings concerned, either combined or individually, exceeded 48,000,000 UMA, and the value of the shares or assets acquired in Mexico are valued in excess of 8,400,000 UMA, measured at the higher of the commercial value and the value stated in the last annual report.
3. Calculation and allocation of turnover, asset value, transaction value etc.
3.1 Relevant turnover
3.1.1 How is turnover defined (e.g. is income from other sources than "ordinary activities to be included, and how are rebates, taxes, internal turnover etc. treated)?
Turnover refers to that stated in the annual report.
If in doubt as to how to calculate turnover, an informal inquiry made be lodged with the competition authority.
and last updated on 20-03-2020 by
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