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What form should merger control notification take in Slovenia and what content is required?

The notification must be submitted on a standardised merger notification form – a questionnaire prescribed by the Decree Defining the Contents and Elements Required for the Notification Form for the Concentration of Undertakings.

The scope of information requested by the form is exhaustive (it closely mirrors the EU Merger Regulation’s Form CO) and includes:

  • certified copies of the documents or draft documents relating to the planned concentration;
  • a list of management board members, major shareholders or interest holders in the undertakings which have participated or are planning to participate in the concentration;
  • audited accounting statements from the participants in the concentration for at least the preceding three tax years – in the event that a participant is not obliged to audit accounting statements, regular accounting statements are to be submitted;
  • a report on any form of participation in a concentration of undertakings in Slovenia in the last three years;
  • a list of controlled undertakings and subsidiaries;
  • a list of controlling undertakings;
  • data on the market shares of the participants in the concentration;
  • data on all relevant product and service markets in which the participants in the concentration operate (including size, past and future development, structure of demand and supply and market access);
  • data on the main customers, suppliers and competitors; and
  • data on the expected economic consequences of the concentration.

There is no short version of the merger notification form and all information needs to be provided regardless of the size or market position of the undertakings concerned. However, in certain cases the Competition Protection Agency is willing to waive this obligation and accept a less detailed notification.

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