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?
The Montenegrin merger control regime is set into motion if either of the following two alternative thresholds is exceeded:
- 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 – whenever the merger filing thresholds are exceeded, the parties must refrain from implementing the transaction until the Montenegrin competition authority clears it (the standstill obligation).
4. Can the merger 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 notification in the Montenegrin merger control regime?
The parties must notify the planned transaction to the Montenegrin competition authority within 15 days of the conclusion of the transaction agreement.
6. What is a typical amount of 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?
It usually takes 2-3 months 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 appInterested in merger control in the Western Balkans? You may also like our web app for checking whether your transaction is notifiable throughout the region. To access the app, please click on or scan the QR code below.
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For more information about merger control in Montenegro, please contact Dr. Dragan Gajin, Head of Competition at Doklestic Repic & Gajin.