Getting The Deal Through logo
Getting The Deal Through

    Expand All / Collapse All

  • 1.

    What is the relevant legislation and who enforces it?

  • 2.

    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.

    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.

    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.

    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.

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

  • 16.

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

  • 17.

    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.

    What is the substantive test for clearance?

  • 20.

    Is there a special substantive test for joint ventures?

  • 21.

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

  • 22.

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

  • 23.

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

  • 24.

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

  • 25.

    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.

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

  • 29.

    Are customers and competitors involved in the review process and what rights do complainants have?

  • 30.

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

  • 31.

    Do the authorities cooperate with antitrust authorities in other jurisdictions?

  • 32.

    What are the opportunities for appeal or judicial review?

  • 33.

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

  • 34.

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

  • 35.

    Are there current proposals to change the legislation?

  • Updates and trends

View profile

Wolf Theiss is one of the leading law firms in Central, Eastern and South-Eastern Europe (CEE/SEE). Since opening our first office in Vienna over 60 years ago, we have concentrated our energies on a unique part of the world: the complex, fast-developing markets of the CEE/SEE region.

View more information about Wolf Theiss

PC Ušće
Bulevar Mihajla Pupina 6,
11070 Novi Beograd
T: +381 11 3302 900
F: +381 11 330 2925


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


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

Follow us on LinkedIn