Electronic submission of the Notification Form for Mergers between Undertakings

Following the publication of Regulation No. 120/2009 of 17 March 2009 in the Diário da República (Government Gazette), Series II, approving the Notification Form for Mergers between Undertakings, it is announced that, for the purposes of the electronic submission of the notification, as set forth in paragraph B) (3) of the Annex to that Regulation, the email address to be used is: concentracao@concorrencia.pt.

When forwarding the notification by this means, the notifying undertakings or their representatives should take the following aspects into consideration:

  1. Emails sent to the above address may not exceed 20 MB in size and should include the respective digital certificate;
  2. In cases in which the documents surpass the capacity referred to above or limits exist on the size of the email sent, on the side of the sender, the content should be spread over more than one email;
  3. Documents may be forwarded exclusively in the following formats: (i) Word; (ii) pdf; (iii) PowerPoint; (iv) Excel;
  4. At the time when the notification is forwarded by email, the system will automatically generate a document proving receipt of the notification and indicating the date and time of receipt;
  5. In the absence of this acknowledgement, the notifying parties should ascertain whether the e-mail dispatched exceeded the limits on size stipulated in a);
  6. Notifications received after the close of business (5:30 pm) will bear the date of the following working day;
  7. Subsequently, proof of receipt of the notification and all the annexed documents identified will also be sent by fax or email, with a record of the date and number in the register of entries and the reference number assigned to the merger case;
  8. Dispatch of the proof of receipt mentioned above does not imply the Competition Authority's recognition that the notification presented electronically is complete in such form as to produce effects under Article 32 (2) of Law No. 18/2003 of 11 June.

Furthermore, it is announced that, under paragraph B) (5) of the Annex to Regulation No. 120/2009, the paper version should be forwarded to the Authority within three days of the date of submission of the notification by email.

Any alteration that proves necessary regarding this means of dispatch will be announced in good time by means of a Competition Authority press release.

(Nº: 5/2009)