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24 May 2012
In March 2012 the government adopted a new bylaw regulating the content of merger notifications.
The main change relates to the provision of relevant data, stating that one set of data or documents must be provided in the filing process and a second set may be provided, but is not required.
This approach is not a significant change from the previous bylaw. However, the new bylaw does significantly broaden the scope of notification by including new categories, such as:
Given that the Competition Authority can request a non-mandatory set of data, it is advisable to provide this at the time of filing in order to prevent additional requests by the authority, which can cause delay in issuing decisions.
It remains to be seen in practice whether the Competition Authority will extensively apply the new bylaw and require the provision of all data (mandatory and non-mandatory), even in circumstances where concentrations raise no competition concerns.
For further information on this topic please contact Srdjana Petronijević at Moravčević Vojnović i Partneri in cooperation with Schoenherr by telephone (+381 11 320 26 00), fax (+381 11 320 26 10) or email (firstname.lastname@example.org).
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