1. Which authority is in charge of merger control in North Macedonia?
The authority in charge of merger control in North Macedonia is the Commission for Protection of Competition of the Republic of North Macedonia, based in Skopje.
2. What are the merger filing thresholds in North Macedonia?
- The combined global turnover of the parties exceeds EUR 10 million and at least one party has a subsidiary in North Macedonia OR
- The combined North Macedonian turnover of the parties exceeds EUR 2.5 million OR
- The market share of a party exceeds 40% or the combined market share of the parties exceeds 60%.
3. Is the filing in North Macedonia mandatory?
Yes – whenever the merger filing thresholds are exceeded, the parties must refrain from implementing the transaction until it is cleared by the North Macedonian competition authority (the standstill obligation).
4. Can the filing threshold be exceeded even if the target did not have any sales in North Macedonia?
Yes – the acquirer’s turnover is sufficient to trigger the merger filing obligation in North Macedonia.
5. What are the deadlines for merger notification in North Macedonia?
There is no deadline for merger notification in North Macedonia; the parties, however, must refrain from implementing the transaction until the North Macedonian competition authority clears it.
6. What is a typical amount of the merger filing fee for a Phase I clearance in North Macedonia?
7. Is there a short-form merger notification in North Macedonia?
No – there is only one merger notification form in North Macedonia, applicable to all transactions.
8. How long does a Phase I procedure last in North Macedonia?
The North Macedonian competition authority must clear the transaction within 25 business days of receipt of a complete filing; in practice, the clearance procedure usually takes 3-4 weeks.
9. How long does a Phase II procedure last in North Macedonia?
The North Macedonian competition authority must complete its Phase II investigation of a merger within 90 working days of opening of the probe.
10. What are the fines for gun jumping in North Macedonia?
The infringing undertaking can be fined up to 10% of its annual turnover during the relevant year.
|For more information about merger control in North Macedonia, please contact Dr. Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.|