A merger is the process of economic combining of undertakings, which is specified by the provision of Article 7 Paragraph 1 of the Act on Protection of Competition. However, the combining of undertakings, which meet turnover criteria set by the Act are a subject to the control of the Antimonopoly Office of the Slovak Republic.
More about mergers
Mergers meeting certain criteria set by the Act must be notified to the Office.
After the delivery of notification of a merger, the Office assesses whether it is a merger pursuant to the Article 7 Paragraph 1 of the Act, hereafter it determines the parties to the merger and assesses whether the merger meets notification criteria pursuant to the Article 8 Paragraph 1 of the Act. Consequently, the Office assesses the merger in the view of competition.
The Office has three options on how to decide on the merger:
If there are no competition concerns, the Office approves the merger.
If the Office identifies competition concerns, the parties to the proceeding may submit the draft of conditions removing competition concerns. If the Office accepts the conditions, it approves the merger with these conditions and the parties to the merger must consequently fulfil them. However, the Office does not have to accept the proposed conditions, if it evaluates that they are not sufficient to remove competition concerns.
The Office may prohibit a merger.
Details on the decision of the Office are set by the Article 11 of the Act.