Merger control law and regulation in Albania

Authority / Source

  • The Competition Authority
  • Competition Law No. 9121 of 28 July 2003 (as amended by the Law No.10317 / 2010)

Mandatory / Voluntary

Mandatory

When to notify?

Notification must be made within 30 days after signature of binding agreements or publication of the offer document.

Threshold(s)

Where:

  • the combined worldwide turnover of all participating companies exceeds ALL 7 bn (approx. EUR 50 m) and at least one of the participating companies has domestic (Albanian) turnover in excess of ALL 200 m (approx. EUR 1.4 m); and
  • the combined domestic (Albanian) turnover of all participating companies exceeds ALL 400 m (approx. EUR 2.8 m) and at least one of the participating companies has domestic (Albanian) turnover in excess of ALL 200 m (approx. EUR 1.4 m).

Obligation on whom

The merging parties, the acquirer or the bidder.

Consequences of failure to notify

Fine up to 10% of total worldwide turnover for preceding year.

Consequences of implementing transaction despite obligation to suspend until clearance

Fine up to 10% of total worldwide turnover for preceding year.

Consequences of implementing transaction despite prohibition decision

Fine up to 10% of total worldwide turnover for preceding year.

Stages

First Stage – two months

The Competition Authority must decide within two months of receipt of notification whether to clear the concentration or refer it for an in-depth investigation.

Second Stage – three months

A decision must be made within three months of the date on which the in-depth investigation commenced.

Foreign-to-foreign mergers caught?

Caught if the thresholds are met. No indication of whether a physical presence is required or imports alone are sufficient.

Treatment of JVs

Full-function JVs are caught by the regime.

Up to date as of 1 September 2014
Euro exchange rate as of 2 January 2014

Contact points

This manual is intended only to provide an overview of the merger control rules and regulatory requirements in the EU, the EEA and the European countries listed. The information and views expressed in this manual are not necessarily comprehensive and do not purport to give professional advice. If you would like further information, please contact the following:

CMS Adonnino Ascoli & Cavasola Scamoni 

Rr. Sami Frasheri
Red Building - 1st Floor
1001 Tirana
Albania
T +355 4 430 2123
F +355 4 240 0737