Albania merger control
Produced in partnership with Moravčević Vojnović i partneri AOD Beograd in cooperation with Schoenherr
Albania merger control

The following Competition guidance note Produced in partnership with Moravčević Vojnović i partneri AOD Beograd in cooperation with Schoenherr provides comprehensive and up to date legal information covering:

  • Albania merger control
  • 1. Have there been any recent developments regarding the Albanian merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues in Albania?
  • 2. Under the Albanian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on an ‘effects’ doctrine or policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is it possible to close the deal globally prior to local clearance?
  • 8. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Authority?
  • 9. Who is responsible for filing a notifiable transaction (noting also whether there is a specific form/document used and an applicable filing fee)?
  • more

A conversation with Srdjana Petronijevic, partner at Serbian law firm Moravčević Vojnović i partneri AOD Beograd in cooperation with Schoenherr, on key issues on merger control in Albania.

NOTE–to see whether notification thresholds in Albania and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Albanian merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues in Albania?

The Law on Protection of Competition (Ligji për mbrojtjen e konkurrencës—the Competition Act) was implemented in 2003.

In June 2016, the Authority published new guidelines introducing a simplified notification and investigation process for transactions that are unlikely to raise competition concerns.

2. Under the Albanian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?

The concept of control under the Albanian merger control regime is influenced by the EU notion of decisive influence and corresponds to it to a great extent.

An undertaking is deemed to have control over another undertaking if it has the possibility to exercise decisive influence over such an undertaking. In particular, ‘control’ can derive from:

  1. ownership rights or the rights to use undertaking's assets or