1. Who is in charge of merger control in Montenegro?
The authority in charge of merger control in Montenegro is the Agency for Protection of Competition of Montenegro, based in Podgorica.
2. What are the merger filing thresholds in Montenegro?
A transaction is notifiable in Montenegro if either of the following alternative thresholds is met:
- The combined Montenegrin turnover of the parties exceeds EUR 5 million, or
- The combined global turnover of the parties exceeds EUR 20 million and the Montenegrin turnover of at least one party exceeds EUR 1 million.
3. Is merger filing in Montenegro mandatory?
Yes. Where the thresholds are met, the parties must not implement the transaction until it is cleared (standstill).
4. Can the merger filing threshold be exceeded even if the target has no sales in Montenegro?
Yes. In practice, the filing obligation can be triggered by the turnover thresholds even in foreign‑to‑foreign transactions, including where the target has no Montenegrin turnover.
5. What are the deadlines for notification in the Montenegrin merger control regime?
There is no statutory deadline for submitting a merger notification. However, the parties must refrain from implementing the transaction until clearance is granted.
6. What is the merger filing fee for a Phase I clearance in Montenegro?
EUR 15,000.
7. Is there a short-form merger notification in Montenegro?
Yes – in the Montenegrin merger control regime, a short-form notification is generally available when there is no significant horizontal overlap or vertical relationship between the parties in Montenegro.
8. How long does a Phase I procedure last in Montenegro?
The Montenegrin competition authority must issue its Phase I decision within 30 days from receipt of a complete filing. Actual clearance timelines may vary in practice; for recent experience, please feel free to reach out to Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.
9. How long does a Phase II procedure last in Montenegro?
Up to four months.
10. What are the fines for gun jumping in Montenegro?
Gun‑jumping (breach of standstill) can be fined up to 10% of the infringer’s worldwide turnover.
Need a quick filing check for Montenegro?If you would like a quick initial assessment of whether your transaction may trigger a merger notification in Montenegro, please contact Dragan Gajin, Head of Competition at Doklestic Repic & Gajin. |