Algeria merger control (2019)
Produced in partnership with CMS
Algeria merger control (2019)

The following Competition guidance note Produced in partnership with CMS provides comprehensive and up to date legal information covering:

  • Algeria merger control (2019)
  • 1. Have there been any recent developments regarding the Algerian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Algeria?
  • 2. Under Algerian 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 any ‘effects’ doctrine/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 there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Conseil de la Concurrence?
  • more

A conversation with Amine Sator, local partner at Algerian law firm CMS BFL on key issues on merger control in Algeria.

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

1. Have there been any recent developments regarding the Algerian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Algeria?

The provisions of the current Algerian Commerce Code (Ordinance 75-59 of 25 September 1975) govern the corporate aspects of this regime and the Competition Law Ordinance 03-03 of 19 July 2003 governs the competition aspects of it. Neither have been updated recently and some provisions of the Commerce Code are expected to be amended. However, despite repeated requests by the competition authority, the Conseil de la Concurrence, these proposed amendments are still being studies. The Conseil de la Concurrence considers that most of the current provisions are no longer appropriate to the economic situation.

For example, the Conseil de la Concurrence has suggested amending some provisions of the current Competition Law. These suggestions have not been discussed yet and there is no fixed timeline for their adoption. The most relevant suggested changes related to the merger control regime could be summarised as follows. The Conseil de la Concurrence has proposed that any