SSNIPPETS (38): Phase II

In the antitrust community, the term “Phase II” has so far triggered thoughts about merger control: This is where Phase II is rather frightening. Today, “Phase II” gets a new meaning, even with competition folks – it is the gradual reopening of public life after the shutdown. Rupprecht Podszun is in his SSNIPpets phase. Here are his small but significant news, information and pleasantries – our pet project!

Stop the clock

Since we had collectively been ordered into isolation a few weeks ago, terms have been reoccupied. “Phase II” in COVID-World refers to the period of easing the shutdown. And “stop the clock” also has a whole new meaning. In the past, “stop the clock” was the moment in merger control when you noticed that things were not going to continue as they were. Clock stands still, time freezes, the only light at night is in that law firm where a young associate on the brink of quitting for a career in the Commission is desperately trying to get in touch with people in the merging company who can answer some questions…

In 2017, Christopher Cook from the Cleary Brussels office had compiled for Concurrences, how long merger control proceedings really take. Quite interesting: in 2005, an average of 60 days passed from public announcement to notification in a “normal case”, 46 days in Simplified Procedure. By 2016, the figures were 112 and 65 days respectively in this informal “phase 0”…

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