The firm advises and represents companies in pre-merger notification procedures that require prior authorization of the Federal Economic Competition Commission or the Federal Telecommunications Institute to carry out the operation.

We advise on the advisability of voluntarily notifying a concentration or we analyze if the concentration should not be notified because it is in the exceptions established by the Federal Law on Economic Competition.

We also represent economic agents who may be affected or displaced by a concentration between undertakings, whether it requires prior authorization from the competition authority or does not need to be notified.

A concentration is the merger, acquisition of control or any act by virtue of which companies, associations, shares, social shares, trusts or assets in general are joined that is carried out between competitors, suppliers, customers, or any other economic agents.

Concentrations that exceed the thresholds established in the Federal Law on Economic Competition must be notified to the Federal Economic Competition Commission or the Federal Telecommunications Institute and the agency must authorize or impose remedies so the merger can take place. Concentrations that do not exceed the thresholds may be carried out without any authorisation from the competition authority.

Pre-notification proceeding requires submitting all information which enables the authority to understand how the undertakings involved in the concentration participate in the market, based on that information and that in which the authority obtains by other means, the resolution may approve, objects or impose some remedies to the concentration.

Also, during the proceedings, companies which may be affected by a concentration may submit information to the Federal Economic Competition Commission or the Federal Telecommunications Institute on the risks involved in authorizing a previously notified concentration.

Finally, concentrations authorized by the Commission or the Institute or those which do not require prior notification may be challenged by an economic agent on the ground that the concentration affects free market access and economic competition.