Azerbaijan merger control
Produced in partnership with GRATA International Law Firm
Azerbaijan merger control

The following Competition guidance note Produced in partnership with GRATA International Law Firm provides comprehensive and up to date legal information covering:

  • Azerbaijan merger control
  • 1. Have there been any recent developments regarding the merger control regime in Azerbaijan and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Azerbaijan?
  • 2. Under the Azerbaijan 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 Antimonopoly Agency?
  • more

A conversation with Ummi Jalilova, executive director of the Azerbaijan practice of regional law firm GRATA Law Firm, on key issues on merger control in Azerbaijan.

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

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

The existing Law on Antimonopoly Activity (the Law) was adopted in Azerbaijan in 1993 and has undergone four packages of amendments since then (in 1997, 2002, 2015, 2016 and 2018 accordingly). This Law, although being updated regularly has various gaps in practical areas. The Law sets out the requirements for and procedure for merger control in the Republic of Azerbaijan.

Currently, the State Service for Antimonopoly Policy and Protection of Consumers of The Ministry of Economy of the Republic of Azerbaijan (the Antimonopoly Agency) is the merger control authority in the Republic of Azerbaijan.

The Antimonopoly Agency has an exclusive right to implement the State control on prevention of market players on their key positions or actions and restricting competence on the market in the purposes of restricting the monopoly.

In terms of 'hot' issues, the Law on Antimonopoly Activity in Azerbaijan has a

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