*States which are members of EU or OECD or are party to the EEA Agreement: Australia, Austria, Belgium, Bulgaria, Chile, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Iceland, Israel, Japan, Canada, Colombia, Republic of Korea, Lichtenstein, Lithuania, Latvia, Luxemburg, Malta, Mexico, Germany, Norway, New Zealand, Poland, Portugal, Romania, Slovakia, Slovenia, United States, Switzerland, Sweden, Turkey, Hungary, Great Britain and Italy.

**Acquisition of significant influence means:

  1. achieving the opportunity to influence the activity of an entity through:
    1. holding shares or stocks which represents at least 20% of the total number of votes, or
    2. having capital share in a partnership equal to at least 20% of the total value of all contributions made to the partnership, or
    3. participating in at least 20% of an entity’s profits in a protected entity or
  2. achieving or surpassing respectively 20% and 40% threshold in the total number of votes in a decision-making body of a protected entity, in the level of participating in the protected entity’s profit or in the capital share in a partnership which is a protected entity in relation to the total value of all contributions made to the partnership, or
  3. acquisition or lease of an enterprise or of an organized part of the enterprise from a protected entity, where referred to in points 1) and 2) above may occur through acquiring shares or stocks or rights from shares or stocks or taking up shares or stocks, acquiring or increasing by participating in profit of another entity by way of an agreement or amendment of the entity’s articles of association, accession to the partnership or increase of the capital share in a partnership by way of amending the partnership agreement, or accession to another entrepreneur other than a partnership/company, or increase in participation in a decision-making body of an entrepreneur other than a partnership/company by way of an agreement or amendment in the articles of association of such entrepreneur.

Acquisition of dominance means acquiring a status of an entity, which has the decisive power in other ways on the direction of another entity’s activity through:

  1. acquiring shares or stocks or rights from shares or stocks or taking up shares or stocks, acquiring or increasing in participation in profit of another entity by way of an agreement or amendment of the entity’s articles of association, accession to the partnership or increase of the capital share in a partnership by way of amending the partnership agreement, or accession to another entrepreneur other than a partnership/company, or increase in participation in a decision-making body of an entrepreneur other than a partnership/company by way of an agreement or amendment in the articles of association of such entrepreneur or
  2. concluding an agreement which provides for the management of such entity or transfer of profit by such entity.

Both in the case of acquisition of significant influence as well as in the case of acquisition of dominance, where shares or stocks or rights from shares or stocks are referred to, it shall also mean:

  1. participating in profit of another entity, or
  2. capital share in a partnership, or
  3. right to participate in a decision-making body in an entrepreneur other than partnership or company.

NOTE: Acquisition of significant influence as well as acquisition of dominance may furthermore occur as a result of “indirect acquisition” or “follow-up acquisition” described in the Act.

*** A protected entity is an entrepreneur who:

  1. holds an asset which has been disclosed in the unified list of buildings, installations, facilities, and services which constitute a critical infrastructure or
  2. develops or modifies software:
    1. to control power plants, networks or operate facilities or systems for the supply of electricity, gas, fuel, fuel oil or district heating, or for the management, control and automation of drinking water supply or waste water treatment installations, or
    2. to operate equipment or systems used for voice and data transmission or for storage and processing, or
    3. to operate or manage facilities or systems used for cash supply, card payments, conventional transactions, securities settlement and derivative transactions, or to provide insurance services, or
    4. to operate hospital information systems, to operate equipment and systems used in the sale of prescription drugs and to operate a laboratory information system or laboratory tests, or
    5. to operate equipment or systems used for the transport of passengers or goods by air, rail, sea or inland waterway, road, public transport or logistics, or
    6. to operate equipment or systems used in the supply of food, or
  3. provides services of data collection or processing in the computing cloud, or
  4. conducts a business activity in the area of:
    1. electricity generation, or
    2. manufacture of petrol or diesel, or
    3. pipeline transportation of crude oil, petrol or diesel, or
    4. warehousing and storage of petrol, diesel or natural gas, or
    5. underground storage of crude oil or natural gas, or
    6. manufacture of chemicals, fertilizers or chemical products, or
    7. production and trade in explosives, weapons, ammunition and products/technologies of military or police use, or
    8. regasification and liquefaction of natural gas, or
    9. crude oil trans-shipment in maritime ports, or
    10. distribution of natural gas or electricity, or
    11. trans-shipment in ports of primary importance for the economy, or
    12. telecommunications, or
    13. transmission of gas fuels, or
    14. production of rhenium, or
    15. extraction and processing of metal ores used for production of explosives, weapons and ammunition and products/technologies of military or police use, or
    16. manufacture of appliances, instruments and medical products, or
    17. manufacture of medicines and other pharmaceutical products, or
    18. cross-border trade in gas fuels and gas, or
    19. generation, transmission or distribution of heat, or
    20. transhipment in inland ports, or
    21. processing of meat, milk, grain, fruit and vegetables.