GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Adrian Pilcher, Nicholas Isola, Danielle Victor, James Castle, Louise Anne Turnock and Danielle Curtis, ISOLAS LLP
The share of supply test is met if: • as a result of the enterprises ceasing to be distinct, one or both of the conditions mentioned in Sub - sections (4) and (5) (as set out below) prevails or prevails to a greater extent; or • in the course of the enterprises ceasing to be dis - tinct, a person or group of persons has brought a relevant enterprise under the ownership or control of the person or group mentioned in Subsections (6) and (7) (as set out below) was satisfied in rela - tion to the relevant enterprise before it ceases to be a distinct enterprise. For the purpose of Subsection (4), in relation to the supply of goods of any description, at least two thirds of all the goods of that description which are supplied in Gibraltar: • are supplied by one and the same person or are supplied to one and the same person; or • are supplied by the persons by whom the enter - prises concerned are carried on, or are supplied to those persons. For the purpose of Subsection (5), in relation to the supply of services of any description, the supply of services of that description in Gibraltar is to the extent of at least two-thirds: • supply by one and the same person, or supply for one and the same person; or • supply by the persons by whom the enterprises concerned are carried on, or supply for those persons. For the purpose of Subsection (6), in relation to the supply of goods of any description: • at least two thirds of all goods of that description which were supplied in Gibraltar were supplied by or to the person or persons by whom the enter - prise was carried on; and • that supply was made in connection with activities of the enterprise by virtue of which it was a relevant enterprise.
For the purpose of Subsection (7), in relation to the supply of services of any description: • the supply of services of that description in Gibral - tar was to the extent of at least two thirds of all the services of that description, supply by or for the person or persons by whom the enterprise is car - ried on; and • that supply was made in connection with activities of the enterprise by virtue of which it was a relevant enterprise. 6.2 Merger Control Procedure Under the Act, notices of arrangements or proposed arrangements which might have resulted or might result in the creation of a relevant merger situation may be given to the Gibraltar Competition and Mar - kets Authority (GCMA) on a voluntary basis. Any such notice must contain the information and be in the form prescribed by the GCMA. Where the GCMA is satisfied that a merger notice meets the requirements set out in the Act, the GCMA must give notice to that effect to the person who gave the merg - er notice. In the absence of an extension, the GCMA is required, so far as is practicable, to take such action as it con - siders appropriate to bring the existence of the pro - posal, the fact that the merger notice has been given and the date on which the period for considering the notice may expire to the attention of those whom the GCMA considers would be affected if the arrange - ments were carried into effect within 40 working days, beginning with: • the first working day after the day on which the GCMA gives notice to the person who gave the merger notice; or • the first working day after the day on which the GCMA informs the person carrying on the enter - prises concerned by the notice that it has sufficient information to enable it to bring an investigation. The GCMA may extend the initial period if it consid - ers that a relevant person has failed (with or without reasonable excuse) to comply with any requirement of a notice under Section 168 requiring them to attend
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