It is common in multi-jurisdictional M&A transactions to have to seek merger control approvals in several jurisdictions. In respect of both the timing and costs of the transaction, it is essential to identify at an early stage where and when to notify the relevant authority and what strategy should be adopted. Any delays in doing so may have a significant negative impact on the overall transaction.

Due to the assortment of national rules that apply across CEE, determining whether a given transaction gives rise to competition issues is not a straightforward task. With this in mind, we have compiled a reference guide to help identify when local merger clearance rules come into play and to provide detail on the relevant procedures and deadlines in the major CEE jurisdictions.

In particular, the CEE Merger Clearance Matrix provides information on: the financial thresholds that help determine whether the respective national competition regulations apply; the circumstances (if any) in which a simplified procedure is available; when to notify the National Competition Authority; the relevant deadlines that apply in each instance; and other useful facts. Additionally, the Matrix includes details of your relevant CMS contact in each jurisdiction. The CEE countries covered by the Matrix are:

  • Bulgaria;
  • Czech Republic;
  • Hungary;
  • Poland;
  • Romania;
  • Russia;
  • Slovakia; and
  • Ukraine.

The Merger Clearance Matrix for CEE is available here.

The Matrix contains a one-page table for each CEE jurisdiction and aims to provide a quick and accessible overview. The Matrix is not legal advice. All legal matters must be decided on a case-by-case basis, in light of all circumstances and subject to thorough legal assessment under local law. For detailed legal advice, please contact your local CMS office.