1. Which authority 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?
- 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 the filing in Montenegro mandatory?
Yes – whenever the merger filing thresholds are exceeded, the parties must refrain from implementing the transaction until it is cleared by the Montenegrin competition authority (the standstill obligation).
4. Can the filing threshold be exceeded even if the target did not have any sales in Montenegro?
Yes – the acquirer’s turnover is sufficient to trigger the merger filing obligation in Montenegro.
5. What are the deadlines for merger notification in Montenegro?
The parties must notify the planned transaction within 15 days of the signing of a binding transaction agreement.
6. What is a typical amount of the merger filing fee for a Phase I clearance in Montenegro?
7. Is there a short-form merger notification in Montenegro?
Yes – it 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?
It usually takes between six and eight weeks from the filing for the Montenegrin competition authority to clear the notified transaction.
9. How long does a Phase II procedure last in Montenegro?
The maximum duration of a merger probe in Montenegro is 105 working days from the date of the filing (125 days, if the clearance turns out to be with strings attached).
10. What are the fines for gun jumping in Montenegro?
The infringing undertaking can be fined between 1% and 10% of its annual turnover during the relevant year. [For information about the recent gun-jumping enforcement of the Montenegrin competition authority, please click here.]
Merger filing app
Interested in merger control in the Balkans? You may also like our web app for checking whether your transaction is notifiable in Serbia, Montenegro, Bosnia and Herzegovina, or Montenegro. To access the app, please click here.
For more information about merger control in Montenegro, please contact Dr. Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.