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

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

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

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 North Macedonia.

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

NOTE–prior to 12 February 2019, North Macedonia was known as Macedonia.

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

In line with aspirations to harmonise the merger control regime with the one applied in the EU the North Macedonian Competition Authority, the Commission for Protection of Competition (the Commission), has in the previous years worked on developing supportive documents to serve as guidance on the application of merger control rules. Most relevant are the Instructions on the manner of submitting a Merger Notification (November 2013—the Instructions) which provide detailed guidance for drafting a merger notification. While the Regulation on the Form and the Content of the Merger Notification (Official Gazette of the RM, no 44/12—the Implementing Regulation) list all the information/documents which should be supplied with a merger notification, the new Instructions provide relevant technical details in this respect. The Instructions indicate that the notification should be