Particulars of an application for the authorisation of a concentration

Documents that need to be attached to an application submitted to the Office for the Protection of Competition.

An application for the authorisation of a concentration includes a duly and completely filled-in concentration authorisation questionnaire, or, if the application is to be handled in simplified proceedings, a simplified concentration authorisation questionnaire. The content of these questionnaires is governed by a decree of the Office for the Protection of Competition (Implementing Decree No 294/2016). An application must always be accompanied by:

(a) extracts from the companies register that are not more than 3 months old for all competitors participating in the concentration who are required to be incorporated by entry in the companies register or a similar register;

(b) the documents on the basis of which the concentration has been or is to be implemented, or documents certifying the establishment of the concentration;

(c) annual reports, including the audit of the annual financial statements for the last completed accounting period, for all competitors participating in the concentration who are required to audit their financial statements;

(d) the consolidated financial statements for the last completed accounting period for all competitors participating in the concentration who are required to prepare consolidated financial statements;

(e) a diagram of and the method for the calculation of turnover, the amount of which justifies the submission of the application;

(f) analyses, reports, studies, overviews and any other comparable documents that have been prepared for the competent bodies of the participants in the concentration in order to assess or analyse the concentration with regard to the conditions of competition, actual and potential competitors, the justification for the concentration, opportunities for business growth or expansion into other product and geographical markets, and general market conditions.

There are also further details that must be entered in the questionnaire (the simplified questionnaire requires only some of these details, and generally to a lesser extent), in particular as regards:

(a) basic information about the applicant, authorised representatives, and other competitors participating in the concentration;

(b) the details of the concentration, the nature thereof, the sectors concerned, and other information relevant to the authorisation of the concentration;

(c) the ownership and control of each of the competitors participating in the concentration;

(d) relevant markets;

(e) interlinking personnel and previous concentrations;

(f) information on the relevant markets;

(g) the general conditions on the relevant markets;

(h) information relevant to an assessment of the Union dimension and other supplementary details.

Guidelines on the particulars of an application for the authorisation of a concentration are available on the website of the Office for the Protection of Competition.

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