Section 50Part 8 — Merger control
Principles to be applied in appraising a change of control
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In determining whether to give its consent, the Office shall take into account in particular —
the promotion of sustainable competition in the sectors for which it has responsibility within the Islands or part of the Islands in view of, among other things, the structure of all the markets concerned and the actual or potential competition from undertakings located either within or outside the Islands; and
the market position of the licensees concerned and their economic and financial power, the alternatives available to suppliers and users, their access to supplies or markets, any legal or other barriers to entry, supply and demand trends for the relevant services, the interests of the intermediate and ultimate consumers, and the development of technical and economic progress provided that it is to consumers' advantage and does not form an obstacle to competition.
To the extent that the creation of a joint venture or arrangement involving one or more licensees has as its object or effect the coordination of the competitive behaviour of licensees that remain independent, the creation of such joint venture shall be considered as though it were a change of control under this Part and, in making this appraisal, the Office shall take into account in particular —
whether two or more parent companies retain, to a significant extent, activities in the same market as the joint venture or in a market which is downstream or upstream from that of the joint venture or in a neighbouring market closely related to this market; and
whether the coordination which is the direct consequence of the creation of the joint venture affords the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the products or services in question.