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

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:

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

Montenegro 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 Montenegro.

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

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

The latest amendments to the Competition Act came into force on 8 March 2018. The main changes to the competition law regime related to the expansion of the competencies of the Agency for Protection of Competition (the Agency) , which is now in charge of state aid control. As for the merger control regime no substantive changes.

The merger control rules are set out in the Montenegrin Competition Act (Official Gazette of the RMN, no 44/2012 and 13/2018—the Competition Act) and the Guidelines on the Form and Content of a Request for Issuing an Approval for Implementation of a Concentration (Official Gazette of the RMN, no 18/13—the Implementing Guidelines).

The Implementing Guidelines prescribe both short and long form notification requiring a long form notification even for foreign-to-foreign mergers if the parties are active in the same relevant market (imposing strict and detailed requirements for such long form notifications). The

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