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What are the potential outcomes of a merger control investigation in Estonia?
The Competition Authority may issue a decision to:
- prohibit the concentration;
- clear the concentration with conditions; or
- clear the concentration unconditionally.
In most cases the Competition Authority grants unconditional clearance; but in certain cases it has imposed specific conditions that the parties must fulfil in order to address its concerns about the concentration.
The Competition Act provides that the parties to the concentration may offer specific remedies to relieve the authority’s concerns. In this connection, the authority cannot impose any remedies of its own; the remedies must always be proposed by the parties to the concentration.
The authority has approved both structural remedies (eg, an obligation to sell part of the business) and behavioural remedies (eg, an obligation to limit sales for a certain period), although it prefers structural remedies.
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