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

Parties to a merger reaching the thresholds set out in Section 15(2) of the Competition Act must notify their operation to the Competition Council. Regulation No 800 on the Procedures for the Submission and Examination of a Full-form and Short-form Notification regarding a Merger of Market Participants, in addition to providing rules on calculation of the undertakings' turnover and on the content  …

Merger notification

Parties to a merger reaching the thresholds set out in Section 15(2) of the Competition Act must notify their operation to the Competition Council. Regulation No 800 on the Procedures for the Submission and Examination of a Full-form and Short-form Notification regarding a Merger of Market Participants, in addition to providing rules on calculation of the undertakings' turnover and on the content of a short-form and full-form notification, determines who has to perform this notification obligation.

The Competition Act declares that a merger for which prior notification is mandatory but which has not been notified is illegal.

Parties are entitled to file a short-form merger notification if: i) none of the participants in the merger operates in a single relevant market or in a market that is vertically related thereto, or ii) participants in the merger operate in a single relevant market, and their combined market share does not exceed 20 %, or iii) participants in the merger operate in vertically related markets, and the market share of each individual participant in the relevant market does not exceed 30%, or iv) participants in the merger acquire a joint decisive influence over another undertaking which does not generate and does not intend to generate turnover from selling goods or providing services in the territory of Latvia, or a participant in the merger acquires a decisive influence over another undertaking in a market where the participant in the merger already has a joint decisive influence (Section 15(2.2)). However, the Competition Council is entitled to require a full form notification if it determines that additional investigation of the notification is necessary.

Section 16(6) of the Competition Act authorizes the Competition Council to issue a decision on a merger which was not notified even though it should have been.

Regulation No 800 of 29 September 2008 prescribes the procedures by which a full-form and short-form notification regarding a merger of market participants shall be submitted and examined by the Competition Council, as well as the conditions for the calculation of turnover of market participants.

A concentration may not be implemented or be registered in the Latvia Enterprise Registry before the Competition Council has issued a decision on the proposed merger.

In accordance with Section 16(1) of the Competition Act, the Competition Council must approve, approve with conditions, refuse to allow a concentration or decide to launch an investigation within one month from the receipt of a full-form or short-form notification report. If, within 45 days from the date of submission of the merger notification report, a market participant does not receive a response from the Competition Council, the operation is presumed to have been cleared (Section 16(1.1)).

If the Competition Council decides to carry out an in-depth investigation of the merger, it must hand down its decision within four months from the date of receipt of the full-form merger notification report or within three months from the date of receipt of the short-form merger notification report. Upon request of the parties or on its own motion, the Competition Council may extend by 15 working days the term for taking a decision with commitments in order to assess its binding provisions.

Global Competition Law

467. Merger notification

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Les notions juridiques connexes

467. Merger notification

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