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MERGERS: AMO SR initiated the administrative proceedings against an undertaking in the field of energetics

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On 8 January 2018 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office") initiated the administrative proceedings against an undertaking operating in the field of energetics in the matter of a possible breach of the Act on Protection of Competition consisting in the failure to notify the merger prior to performing the rights and obligations arising therefrom and also in the matter of a possible breach of the prohibition to perform rights and obligations arising from the merger before the Office´s approval came into force.

The mergers control system is based on notifying the mergers to the Office before undertakings start the so-called implementation, that is performing rights and obligations arising therefrom. Within the subject of Office´s control are involved only transactions reaching a certain economic power which is expressed in terms of the turnover of the parties to the merger. Only in this way the Office can effectively assess the merger´s impacts on the market and on the consumers and thus to decide in the case whether it will approve the merger or it is a transaction that causes a significant reduction of effective competition, in particular by creating or strengthening a dominant position.

The initiation of the administrative proceedings does not imply that its participants have infringed competition rules, nor does it prejudge conclusions the Office will come to in its decision.