January 04, 2024

Key developments in merger control in 2023

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This article was originally published by International Law Office.

Introduction

A review of the French Competition Authority's (FCA) merger control activity during the year 2023 sheds light on several notable trends.

The FCA has maintained a very high level of activity with a stable number of merger decisions compared to last year1 and, looking across the piece, three trends stand out. First, the FCA has adopted several noteworthy decisions concerning conglomerate mergers. Second, it has indicated the need for vigilance with respect to mergers concerning the French overseas territories. Third, it has indicated its willingness to make use of mechanisms which allow for intervention even when French merger control jurisdictional thresholds are not met. This article investigates these three trends in more detail and draws out takeaways for 2024 cases.

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