New Notification Form for Mergers between Undertakings

  • The Competition Authority (CA) has approved a new Notification Form for Mergers between Undertakings, which should be used from next Monday, 23 March.
  • The form for the notification of a merger operation, in pursuance of Law No. 18/2003 of 11 June 2003, can now be forwarded to the Competition Authority by email, at the email address concentracao@concorrencia.pt.
  • Notification by electronic means, however, does not eliminate the need for a paper version, which should still be presented to the Competition Authority, within three days of the electronic version, thus safeguarding the legitimate interests of the various participants (notifying parties and interested third parties).
  • The new form clarifies and reorganises the information requested of entities notifying merger operations, in according with the best international practice.
  • Of particular note among the amendments to the earlier notification form, which has been in effect since 2003, are the inclusion of a list of concept definitions and the adjustment of the optional nature of the information to the complexity of mergers.
  • Between 15 May and 30 June 2008, the draft of the new form, now given approval, was the subject of a public consultation that attracted a significant response.
  • The suggestions and commentaries made by those participating in the public consultation were taken into consideration by the CA, which accepted some of the amendments proposed for the initial draft, duly set within the framework of the experience accumulated in the exercise of the supervisory powers of the CA.

 

Rectification of the Regulation published

It has been noted that, by oversight, the Form appended to Regulation No. 120/2009, published in the Diário da República (Government Gazette) of 17 March 2009, incorrectly included certain references in points 6 and 24; they are to be rectified as follows:

6 – No mesmo prazo, deverá igualmente ser submetida uma versão não confidencial da 6 – Within the same time limit, a non-confidential version of the notification should also be submitted on paper and in digital form, for the purposes of point 12 of paragraph C), which relates to “Confidential matters”.

24 – In the absence of any other impediment to the effectiveness of the notification, it shall be considered complete on the date on which it is presented, provided that the following are presented within the time limit laid down in point 5: (i) notification on paper and (ii) a non-confidential version of the same document, along with a justification of the confidential matters identified, in the terms mentioned in paragraph C relating to “Confidential matters”.

(Nº: 4/2009)