In the wake of the COVID-19 crisis, many companies will be facing significant financial difficulties for which the only viable solution to remain a going concern will be acquisition by another company. It is safe to predict that there will be pressures for sector consolidation through mergers of competitors. Many of these transactions will require prior merger clearance, but for some companies it may simply not be possible to stay afloat long enough to wait for merger clearance. One option in these circumstances is to seek a derogation (waiver) from the requirement to wait for merger control clearance before completing the transaction.
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