Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Assessment of a merger begins immediately after the receipt of the complete notification and may be divided into two phases, if necessary. Harmless concentrations are cleared on phase 1, within thirty days of the receipt of the complete notification, either by formal decision, or where no decision is issued within this timeframe (Article 22(1)).
  However, where the Agency finds that the implement …

Proceedings before the CCA

Pursuant to Article 17, concentrations which meet the thresholds established by the Act must be notified to the CCA. Prior notification must be submitted to the Agency for assessment before the implementation of the concentration in question, following the conclusion of the contract on the basis of which control or decisive influence has been acquired by the controlling undertaking, or following the publication of the invitation to tender. By way of derogation from those rules, the parties to the concentration may submit a notification to the Agency even before the conclusion of the contract or publication of the invitation to tender, if, in good faith, they provide evidence of the proposed conclusion of the contract or announce the invitation to tender.

Notification has a suspensory effect: implementation of a notified concentration is permitted only after the expiry of the time period allocated for the CCA's assessment, in other words, after the receipt of the final decision of the Agency on compatibility or conditional compatibility of concentration referred to under Article 22(7). However, under exceptional circumstances, the CCA may grant a waiver upon reasoned request.

The Regulation on notification and assessment of concentrations (OG 38/2011) provides in its appendices two notification forms, similar to the EU Form CO and Short form CO: a standard notification form and a short notification form for mergers which raise no competition concerns.

Merger notification

Assessment of a merger begins immediately after the receipt of the complete notification and may be divided into two phases, if necessary. Harmless concentrations are cleared on phase 1, within thirty days of the receipt of the complete notification, either by formal decision, or where no decision is issued within this timeframe (Article 22(1)).

  However, where the Agency finds that the implementation of the concentration could significantly impede effective competition in the relevant market, it may initiate phase 2 proceedings by taking a procedural order on the initiation of the proceedings for the assessment of compatibility of the concentration concerned. Within three months the CCA must take a decision either clearing the concentration, or declaring it conditionally compatible, provided that certain measures are observed and conditions met or declaring it incompatible and therefore prohibited (Article 22(7)).

Global Competition Law

109. Proceedings before the CCA

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Les notions juridiques connexes

109. Proceedings before the CCA

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise