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What form should merger control notification take in Croatia and what content is required?
The Regulation on Notification and Assessment of Concentration provides for two distinct forms of merger control notification, which closely follow the Short Form CO and Form CO at EU level.
The notification should be accompanied by:
- the original or a certified copy – or a certified translation, if the original official text is not in Croatian – of the document representing the legal grounds for the concentration. An apostille is required if no relevant bilateral agreement exists on the recognition of foreign certifications;
- the annual financial reports of the parties to the concentration for the financial year preceding the concentration (accompanied by a certified translation, if not in Croatian); and
- other information and documents required by the regulation, including copies of all analyses, reports, studies, surveys and any comparable documents prepared by or for any members of the board of directors or supervisory board, other persons exercising similar functions (or to whom such functions have been delegated or entrusted) or the shareholders’ meeting, for the purpose of assessing or analysing the concentration with respect to market share, competitive conditions, competitors (actual and potential), the rationale of the concentration, potential for sales growth or expansion into other product or geographic markets, and/or general market conditions.
In the case of media mergers, an additional document will be required – a decision of the Electronic Media Agency stating that, by implementing the notified concentration, no illegal concentration within the sense of the Electronic Media Act will arise.
In addition to the obligatory information and documents set out under the regulation, the Competition Agency may require additional information and documents.
Finally, the notifying party must inform the agency of any other jurisdictions in which the merger has also been filed.
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