The Slovak Council of the Competition Authority clarifies the conditions for notification of an intention of a concentration (CEZ / Lumius)

An amendment to the Slovak Competition Act [1], which entered into force with effect from 1 June 2009, introduced the possibility of a pre-signing merger notification. From now on, mergers can also be notified before a legally binding transaction document has been signed, e.g. on the basis of a memorandum of understanding or letter of intent, etc. However, the Antimonopoly Office of the Slovak Republic (“Office”) must be provided with sufficient evidence that the intention of the parties to carry out the merger is concrete enough [2]. In the following case, a dispute arose between the notifying party and the Office as to whether the notified intention of a concentration was concrete enough to justify the notification. The Council of the Office (“Council”), which reviews the decisions of

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Igor Augustinič, The Slovak Council of the Competition Authority clarifies the conditions for notification of an intention of a concentration (CEZ / Lumius), 26 February 2010, e-Competitions Bulletin Energy & Mergers, Art. N° 31025

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