Getting The Deal Through logo
Getting The Deal Through

Merger Control

Published: September 2019

Albania


    Expand All / Collapse All

  • 1.

    Relevant legislation and regulators
    What is the relevant legislation and who enforces it?

  • 2.

    Scope of legislation
    What kinds of mergers are caught?

  • 3.


    What types of joint ventures are caught?

  • 4.


    Is there a definition of ‘control’ and are minority and other interests less than control caught?

  • 5.

    Thresholds, triggers and approvals
    What are the jurisdictional thresholds for notification and are there circumstances in which transactions falling below these thresholds may be investigated?

  • 6.


    Is the filing mandatory or voluntary? If mandatory, do any exceptions exist?

  • 7.


    Do foreign-to-foreign mergers have to be notified and is there a local effects or nexus test?

  • 8.


    Are there also rules on foreign investment, special sectors or other relevant approvals?

  • 9.

    Filing formalities
    What are the deadlines for filing? Are there sanctions for not filing and are they applied in practice?

  • 10.


    Which parties are responsible for filing and are filing fees required?

  • 11.


    What are the waiting periods and does implementation of the transaction have to be suspended prior to clearance?

  • 12.

    Pre-clearance closing
    What are the possible sanctions involved in closing or integrating the activities of the merging businesses before clearance and are they applied in practice?

  • 13.


    Are sanctions applied in cases involving closing before clearance in foreign-to-foreign mergers?

  • 14.


    What solutions might be acceptable to permit closing before clearance in a foreign-to-foreign merger?

  • 15.

    Public takeovers
    Are there any special merger control rules applicable to public takeover bids?

  • 16.

    Documentation
    What is the level of detail required in the preparation of a filing, and are there sanctions for supplying wrong or missing information?

  • 17.

    Investigation phases and timetable
    What are the typical steps and different phases of the investigation?

  • 18.


    What is the statutory timetable for clearance? Can it be speeded up?

  • 19.

    Substantive test
    What is the substantive test for clearance?

  • 20.


    Is there a special substantive test for joint ventures?

  • 21.

    Theories of harm
    What are the ‘theories of harm’ that the authorities will investigate?

  • 22.

    Non-competition issues
    To what extent are non-competition issues relevant in the review process?

  • 23.

    Economic efficiencies
    To what extent does the authority take into account economic efficiencies in the review process?

  • 24.

    Regulatory powers
    What powers do the authorities have to prohibit or otherwise interfere with a transaction?

  • 25.

    Remedies and conditions
    Is it possible to remedy competition issues, for example by giving divestment undertakings or behavioural remedies?

  • 26.


    What are the basic conditions and timing issues applicable to a divestment or other remedy?

  • 27.


    What is the track record of the authority in requiring remedies in foreign-to-foreign mergers?

  • 28.

    Ancillary restrictions
    In what circumstances will the clearance decision cover related arrangements (ancillary restrictions)?

  • 29.

    Third-party involvement and rights
    Are customers and competitors involved in the review process and what rights do complainants have?

  • 30.

    Publicity and confidentiality
    What publicity is given to the process and how do you protect commercial information, including business secrets, from disclosure?

  • 31.

    Cross-border regulatory cooperation
    Do the authorities cooperate with antitrust authorities in other jurisdictions?

  • 32.

    Available avenues
    What are the opportunities for appeal or judicial review?

  • 33.

    Time frame
    What is the usual time frame for appeal or judicial review?

  • 34.

    Enforcement record
    What is the recent enforcement record and what are the current enforcement concerns of the authorities?

  • 35.

    Reform proposals
    Are there current proposals to change the legislation?

  • Updates and trends

View more information about Wolf Theiss (Tirana)


Tirana
Eurocol Center, 4th Floor
Murat Toptani Street
1001
Tirana
Albania
T: +355 4 2274 521 / +43 1 515 10 5600
F: +355 4 2274 521 / +43 1 515 10 25


Testimonials

Briefing Signup

Sent approximately once a month, the free GTDT Briefing service alerts you of the latest titles to be published on GTDT Online.

Sign up to be notified of new content

Subscribe



Follow Getting the Deal Through for the latest updates on law and regulation worldwide

Follow us on LinkedIn