Concentration proceedings

Time limits and other essential information on the review process.

The Office for the Protection of Competition advertises the commencement of concentration proceedings and sets a time limit for objections to be lodged against the concentration. Upon the commencement of proceedings, the Office first assesses whether the concentration requires its authorisation. If it concludes that its authorisation is not required, it issues a decision to that effect within 30 days of the commencement of proceedings.

If a concentration requires the Office’s authorisation but will not materially distort competition, the Office issues a decision authorising the concentration within 30 days. Conversely, if the Office finds that a concentration raises grave misgivings that competition will be materially distorted, in particular because it will create or strengthen the dominant position of any or all of the competitors that are to be concentrated, it notifies the parties to the proceedings in writing of this in the same time limit and informs them that it is continuing the proceedings. If the Office does not issue a decision on an application for the authorisation of a concentration and does not inform the parties to the proceedings in writing that it is continuing the proceedings within 30 days, on expiry of that time limit the Office is deemed to have authorised the concentration.

If the Office informs the parties that it is continuing proceedings on an application for the authorisation of a concentration, it is obliged to issue a decision within 5 months of the commencement of proceedings. If the Office does not issue a decision within that time limit, on expiry of that period it is deemed to have authorised the concentration. However, if the Office calls on a party to the proceedings in writing to provide further facts necessary for the concentration to be authorised or to submit further evidence of such facts, the above time limit is suspended for the period between the delivery of the request and the date on which the party does what is requested of it.

The proceedings are also suspended if the Office requests the European Commission to conduct its own assessment of the concentration. If the Commission decides to conduct its own assessment, the concentration proceedings are discontinued.

If the Office finds that a concentration has been implemented in contravention of the Office’s final decision, it decides on the action necessary to restore effective competition in the relevant market. To this effect, the Office will mainly order the competitors to sell all or part of a competitor over which they have obtained the possibility of control or to rescind the contract forming the basis for the concentration. Where appropriate, the Office will take other reasonable action necessary to restore effective competition in the relevant market. The Office may also issue such a decision if it discovers that a concentration has been implemented even though an application to commence proceedings has not been submitted.

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