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S.L. 379.8 · Control Of Concentrations Regulations (S.L. 379.8)

S.L. 379.8 ст. 7Suspension of concentrations.

ДействуетОфициальный текст

(1) A concentration shall not be put into effect either before its notification or until it has been declared lawful pursuant to a decision under regulation 6(1)(ii) or regulation 8(2) or on the basis of a presumption according to regulation 9(7).

(2) Subregulation (1) shall not prevent the implementation of a public bid which has been notified to the Director General provided that the acquirer does not exercise the voting rights attached to the securities in question or does so only to maintain the full value of those investments and on the basis of a derogation granted by the Director General under subregulation (3).

(3) The Director General may, upon a reasoned request before notification or after the transaction, after taking into account inter alia the effects of the suspension on one or more undertakings concerned by a concentration or on a third party and the threat to competition posed by the concentration, grant a derogation from the obligations imposed in subregulation (1): Provided that the derogation may be made subject to conditions and obligations in order to ensure conditions of effective competition.

(4) The validity of any transaction carried out in contravention of subregulation (1) shall be dependent on a decision pursuant to regulation 6(1)(ii) or regulation 8(2) or (3) or on a presumption pursuant to regulation 9(7): Provided that this regulation shall have no effect on the validity of transactions in securities including those convertible into other securities admitted to trading on a market which is regulated and supervised by the competent authorities appointed under the law and that operates regularly and is accessible directly or indirectly to the public, unless the buyer and seller knew or ought to have known that the transaction was earned out in contravention of subregulation (1).

История изменений
  • Amended by L.N. 349 of 2011