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

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

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

Kosovo merger control

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 Kosovo.

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

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

The most recent amendments of the Law on Protection of Competition (Law No 03/L-229, 04/L-226—Official Gazette RK nos 88/2010 and 17/2014—the Competition Act), entered into force in March 2014. The amendments introduced important changes in the Kosovan merger control regime including:

  1. changes of the jurisdictional thresholds; lowering of the worldwide jurisdictional threshold for a mandatory merger filing from €100m to €20m

  2. changes to the presumptions of ‘dominance’ and ‘collective dominance’; while these changes are not directly related to merger control issues certain changes to this concept affect the assessment of mergers; particularly, the amendments include:

    1. lowering of a market share threshold for presumption of dominance from 40% to 25%, and

    2. in cases of collective dominance introducing a presumption of dominance in cases where market share threshold amounts to over 40%

  3. changes to the timeframe for the merger control review; increase of the Phase II deadlines for

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