Monday, 07 January 2013

Decision 558/2013

Determination, according to article 6 par. 5 and 6 of law 3959/2011, of the specific content of the notification of business concentration, according to articles 5-10 of law 3959/2011.

Decision 558/2013
File (PDF) Decision 558/2013
Date of Publication of Decision January 7th, 2013
Issue Number of Government Bulletin
Relevant Market
Subject of the Decision Determination of the specific content of the notification of business concentration, according to articles 5-10 of law 3959/2011.
Legal Framework

Article 6 par. 5 and 6 of L. 3959/2011

Operative part of the Decision
Complainant(s)

Respondent(s)
Summary of Decision

In the context of improving the effectiveness of the implementation of Law 3959/2011 during the preventive control of business concentrations, the HCC issued new guidelines for the notification of mergers (Decision 558 / VII / 2013).
With this decision, and the following relevant application forms of short and full notification, the specific content of the merger notification is determined, according to articles 5 - 10 of law 3959/2011, ie the necessary data and information needed in order to examine and assess the effect of the notified merger on the relevant markets. In addition, according to European Commission’s legal framework for mergers, criteria are specified for those concentrations that qualify for the submission of a short form notification under a simplified procedure. In this way, the control of concentrations becomes more focused and effective.
In particular, the Decision 558 / VII / 2013 of the HCC specifies the criteria for the examination of certain concentrations under a simplified procedure, based on a short notification form, in the standards of the Union law, in the cases where:
(a) there is no horizontal overlap and / or vertical relationship in the parties' market activities,
(b) absence of affected markets, ie horizontally overlapping concentrations where the combined shares in the relevant markets do not exceed 15% and / or vertical concentrations where the individual or combined market shares in the relevant markets do not exceed 25% at either the upstream or downstream markets,
(c) a change of control, where one of the participating parties is to acquire sole control of an undertaking over which it already has joint control.

Judicial Means
Decisions by the Court of Appeal of Athens (Administrative Division)
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