Angola merger control
Produced in partnership with Morais Leitão, Galvão Teles, Soares da Silva
Angola merger control

The following Competition guidance note Produced in partnership with Morais Leitão, Galvão Teles, Soares da Silva provides comprehensive and up to date legal information covering:

  • Angola merger control
  • 1. Have there been any recent developments regarding the Angolan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Angola?
  • 2. Under Angolan 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 Competition Regulatory Authority?
  • more

A conversation with Pedro Gouveia e Melo, managing associate at Morais Leitão, Galvão Teles, Soares da Silva on key issues on merger control in Angola.

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

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

Law 5/2018 of 10 May 2018 (the Competition Act) established a modern legal framework for competition in Angola and created the Competition Regulatory Authority (the Authority) to enforce it. This took place in the context of the government’s recent efforts to streamline economic initiatives and to liberalise some key sectors. The Competition Law Regulations were approved by Presidential Decree 240/18 on 12 October 2018.

The government approved new rules establishing the Authority on 21 December 2018. The Authority became operational following the appointment of the members of the Board of Directors on 25 January 2019. As a result, the merger control regime is now fully operational and the Authority has confirmed that it has started to accept merger notifications. Rules and guidance in relation to completing notification forms were published by the Authority in January 2020.

The Authority is responsible for the application of a competition enforcement system