Discussion on guidelines of AMO SR simplifying and accelerating the merger review process
On June 19, 2013 the meeting with the lawyers and undertakings interested in or having to do with merger review matters took place at the premises of AMO SR. The Office presented two important documents which should simplify the merger review process. One of the documents is a new guideline concerning method of calculation of the turnover fulfilling the notification criteria. The Office provides detail information on method and peculiarities of the turnover calculation not included in the Act on Protection of Competition and related directives. The height of turnover however decides whether the merger is subject to review of the Office. Therefore the Office uses this possibility for getting feed-back. Suggestions, remarks and proposals of participants will be implemented to final version of guidelines. Another discussed document was revision of guidelines on pre-notification contacts. The Office considers contacts with undertakings prior to notification very important part of assessing mergers and it recommends to participant to mergers to initiate pre-notification contacts in all, even seemingly smooth concentrations. Thus they can avoid situations when the notification is not complete, or to identify early competition concerns related to merger or to provide the transparency of the proceeding. New guideline prefers non-formal e-mail, phone and personal communication and simplifies procedures. The meeting on guidelines related to merger review was one of soft law re-evaluating activities of the Office.