O’Melveny Lawyers Author Article on Extension of EC Merger Control Rules

December 19, 2011 O’Melveny & Myers LLP partner Christian Riis-Madsen Kehoe and associates Sophia Stephanou and Killian Kehoe co-authored a guest column in the December 2011 issue of Private Equity International discussing the European Commission’s recent announcement that it is considering extending merger control rules to capture acquisitions of minority shareholdings. According to the authors, the development “could considerably extend the scope of transactions subject to review by the European Commission, and may create a merger notification requirement for transactions that involve the acquisition of certain minority shareholdings.”

“It is clear that were the Merger Regulation to capture minority shareholdings the consequences for private equity firms would be significant, given that an increased number of minority share acquisitions (even potentially quite small ones) could become subject to a notification requirement, which will of course result in increased costs and delay for transactions,” the authors write.

Riis-Madsen, Stephanou and Kehoe are members of O’Melveny’s Antitrust and Competition Practice and reside in the Firm’s Brussels office.