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Articles | 2023-07-13

The prior notification procedure for M&A transactions

Diogo Damião, managing associate of the corporate, transactional and private equity practice at TELLES, and Rodrigo Rocha Andrade, associate of the same practice, are the authors of the article "The Prior Notification Procedure for M&A Transactions", published in the June issue of the Legal & Tax Newsletter of the Portuguese-German Chamber of Commerce and Industry. "The Prior Notification Procedure for M&A Transactions", published in the June edition of the Legal & Tax Newsletter of the Portuguese-German Chamber of Commerce and Industry.

In this article, the lawyers of TELLES, who have recently joined the Commercial Law & Practice Committee of the National Delegation of the International Chamber of Commerce, point out that "the European Union intends to take a serious step in the fight against market distortions caused by non-EU support, by providing for procedures to investigate foreign subsidies that actually or potentially distort the internal market and to correct the distortions identified. Among the mechanisms put in place, the procedure for prior notification of certain M&A transactions (so-called concentrations) is of particular importance for future M&A transactions".

For the TELLES lawyers, the procedure of prior notification of M&A operations will not be just another "process to be included in the (increasingly complex) M&A negotiation processes, but a process that can assume a central and fundamental importance in the cost, timing and implementation of operations".

Read the full article (portuguese version)  in the pdf below.

Article | The prior notification procedure for M&A transactions (portuguese version)

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