Armenia merger control
Produced in partnership with Ter Tachatyan
Armenia merger control

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

  • Armenia merger control
  • 1. Have there been any recent developments regarding the Armenian merger control regime and are any updates or developments expected in the coming year? Are there any other 'hot' issues?
  • 2. Under Armenian 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 Commission?
  • more

A conversation with Arsen Tavadyan, lawyer at Armenian law firm Ter Tachatyan, on key issues on merger control in Armenia.

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

1. Have there been any recent developments regarding the Armenian merger control regime and are any updates or developments expected in the coming year? Are there any other 'hot' issues?

The last update was on 23 March 2018 when amendments were made to legislation to clarify some minor issues.

Merger control is still a new field for the Republic of Armenia and there are a lot of questions that must find their solutions during the application of the legislation. In any case the development of the law is going through the acceptance of an EU model.

2. Under Armenian 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'?

Armenian merger control law does not use a 'decisive influence' test. Any amalgamation of economic entities due to which one economic entity may, directly or indirectly, influence on the decision-making or competitiveness of another economic entity is considered as a concentration under Armenian merger law.

In cases involving the acquisition of assets, the transaction