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Merger Control in the Balkans: The Basics

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What are the basic rules governing merger filing in Serbia, Montenegro, Bosnia and Herzegovina, North Macedonia, and Albania? Here they are, in five short questions and answers:

1. What are the merger filing thresholds?

Serbia: Montenegro: Bosnia and Herzegovina: North Macedonia: Albania:
  • The combined global turnover of the parties exceeds EUR 100 million and at least one party’s Serbian turnover exceeds EUR 10 million OR
  • The combined Serbian turnover of the parties exceeds EUR 20 million and at least two parties each have a Serbian turnover of more than EUR 1 million.
  • 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.

 
  • The combined global turnover of the parties exceeds EUR 50 million AND
  • The Bosnian turnover of each of at least two parties exceeds EUR 4 million or their combined market share on the relevant market exceeds 40%.
  • 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%.
  • The combined global turnover of the parties exceeds ALL 7 billion (approx. EUR 60 million) and the Albanian turnover of at least one party exceeds ALL 200 million (approximately EUR 1.7 million); OR
  • The combined Albanian turnover of the parties exceeds ALL 400 million (approx. EUR 3.4 million) and the Albanian turnover of at least one party exceeds ALL 200 million (approx. EUR 1.7 million).

2. Can the merger filing threshold be exceeded even if the target did not have any local turnover?

Serbia: Montenegro: Bosnia and Herzegovina: North Macedonia: Albania
Yes. Yes No. Yes. Yes.

3. What is a typical amount of the merger filing fee (in EUR)?

Serbia: Montenegro: Bosnia and Herzegovina: North Macedonia: Albania
25,000. 15,000. 3,500. 600. 4,500.

4. Is there a deadline for filing?

Serbia: Montenegro: Bosnia and Herzegovina: North Macedonia: Albania
Yes, 15 days from the conclusion of the transaction agreement. Yes, 15 days from the conclusion of the transaction agreement. Yes, 15 days from the conclusion of the transaction agreement. No, but the parties must not implement the merger before it is cleared. Yes, 30 days from the conclusion of the transaction agreement.

5. How much time does it generally take to obtain a Phase I merger clearance?

Serbia: Montenegro: Bosnia and Herzegovina: North Macedonia: Albania
Around a month. 2-3 months. Within one month from the date when the Bosnian competition authority considers the filing complete. Around a month. 25 working days from the submission of a complete merger filing.

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For more information about merger control in the Balkans, please contact Dr. Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.