The Competition Commission has adopted new guidelines on a simplified form and procedure for assessing merger notifications for transactions which raise no competition concerns. Eligible transactions for the simplified procedure and notifications include:
- two or more undertakings acquiring joint control, provided that the joint venture has no (actual or anticipated) activities in Albania;
- two or more undertakings merging or one or more undertaking gaining sole or joint control over another undertaking, provided that there is no overall control in the same product and geographic market or in any upstream or downstream product market;
- two or more undertakings merging or one or more undertaking gaining sole control over another undertaking, if:
- the combined market share in the same product and geographic market is less than 15%; or
- the individual or combined market share in an upstream or downstream product market is below 25%; and
- two or more undertakings merging or one or more undertaking acquiring sole or joint control over another undertaking, if:
- the combined market share of all the parties to the concentration in a horizontal relationship is below 50%; and
- an increase (delta) of the Herfindahl-Hirschman Index resulting from the concentration is below 150.
Further, the commission openly encourages parties to engage with it in pre-notification contact and talks.
In order to increase transparency, on receipt of notification the commission will publish the basic information regarding the concentration on its official website. This will allow interested parties to submit their comments and observations. On clearance, the commission will publish a notice of the concentration in the Official Gazette. The non-confidential version of the decision will be available on the commission's official website.
For further information on this topic please contact Srdjana Petronijević at Moravčević Vojnović i Partneri in cooperation with Schoenherr by telephone (+381 11 320 26 00) or email ([email protected]). The Moravčević Vojnović i Partneri website can be accessed at www.schoenherr.rs.