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What form should merger control notification take in Estonia and what content is required?
The content of the notification depends on whether the concentration fulfils the criteria for a simple notification or whether a full notification must be submitted.
A simple notification can be filed if:
- the markets in which the parties are active do not overlap either horizontally or vertically;
- there is a horizontal overlap, but the concentration will not lead to a combined market share exceeding 15%;
- vertical relations between the relevant markets exist, but the individual or combined market shares do not exceed 25%;
- a new joint venture will not operate in Estonia; or
- the party acquiring control already exercised joint control before the concentration.
The notification must include data on each party’s total turnover and turnover by jurisdiction, the market shares of the parties on the overlapping markets and other markets in which parties are active.
The full notification must include market data, including information on the parties to the concentration, their competitors and clients, their market shares, barriers to entry and the supply and demand structure for the three years preceding the notification.
Regardless of the notification used, the Competition Authority may require additional information in the course of the proceedings.
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