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

Article 44 imposes a standstill period. Undertakings may not exercise rights and obligations arising from the notified concentration until the CPA declares the concentration compatible with the rules on competition. Any action violating the standstill obligation is void. 

The receipt of the notification by the CPA opens a 25-day period for the phase I review (Article 46). If the CPA raises concer …

Proceedings before the CPA

Concentration participants must notify the CPA of any concentration prior to implementation, but not later than 30 days after the conclusion of the contract, the announcement of the public bid, or the acquisition of a controlling interest. That period begins when the first of those events occurs (Article 43). When the CPA invites the parties to notify a concentration based on one or both of them having a market share exceeding 60%, the period begins from the receipt of the CPA's request.

It is also possible to notify before the signing if the parties have a serious intent to implement the projected transaction. For the CPA to start its review, sufficient details on the terms, in particular those related to control, need to be agreed on. 

The operation should be notified by the parties acquiring control of another undertaking. Notifications can be made jointly. Details as to how a notification should be carried out are set out in the Regulation on the content of the form for notification of the concentration of undertakings dated 15 May 2009 (Official Gazette No 36/08) and amended by a second regulation dated 10 January 2014 (3/14).

Filing fees are set by the Administrative Fees Act. As of October 2022; they amount to EUR 2,000.

Merger notification

Article 44 imposes a standstill period. Undertakings may not exercise rights and obligations arising from the notified concentration until the CPA declares the concentration compatible with the rules on competition. Any action violating the standstill obligation is void. 

The receipt of the notification by the CPA opens a 25-day period for the phase I review (Article 46). If the CPA raises concerns during Phase I, the parties can offer remedies ensuring that there are no longer any serious doubts as to the lawfulness of the transaction. 

If the CPA is not convinced, it issues an order to initiate an in-depth investigation procedure, in which case a decision must be taken within 60 days (Article 50). 

Time periods are suspended if a party is late in responding to a CPA's request for information (Article 47). To gather relevant information, the CPA can also carry out investigations following a judicial inspection order.

When the CPA does not issue a decision in the time period, there is no “approval by default”. Parties need to compel the CPA to issue a decision, if necessary before the Administrative Court. 

Global Competition Law

675. Proceedings before the CPA

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Les notions juridiques connexes

675. Proceedings before the CPA

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