Slovakia merger control
Produced in partnership with ČECHOVÁ & PARTNERS s. r. o.
Slovakia merger control

The following Competition guidance note Produced in partnership with ČECHOVÁ & PARTNERS s. r. o. provides comprehensive and up to date legal information covering:

  • Slovakia merger control
  • 1. Have there been any recent developments regarding the Slovak merger control regime and are any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Slovakia?
  • 2. Under Slovak 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. What is the timetable for review of a notifiable transaction?
  • more

A conversation with Tomas Maretta, partner, and Marek Holka, associate at Slovak law firm ČECHOVÁ & PARTNERS s. r. o., on key issues on merger control in Slovakia.

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

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

The adoption of the new Competition Act implementing the ECN+ Directive and introducing other provisions in reaction to decision making practice is expected in late 2020 or early 2021 (first draft is expected in summer 2020). The new legislation should also react to the COVID-19 pandemic and the ensuing economic recession. In particular in relation to merger control, it is expected that 2020 turnovers will not be taken into account when assessing merger notification thresholds, since these are considered artificially low, without having an impact on the relative market power of the undertakings concerned. Final version of the legislation is, however, yet to be determined.

According to the current Prioritisation Policy and plan of activities for year 2020 of the Slovak competition authority, the Antimonopoly Office of the Slovak Republic (AMO), non-notified concentrations remain one of the AMO’s enforcement priorities. In this area, the AMO