Obligation to file a merger notification
Article 61
Mergers are to be notified to the Commission if:
1) the combined aggregate annual worldwide turnover of all participating undertakings in the preceding financial year exceeds 100 million euros, provided that the domestic turnover of at least one participating undertaking is more than 10 million euros;
2) the combined aggregate annual domestic turnover of at least two participating undertakings in the preceding financial year exceeds 20 million euros, provided that the domestic turnover of each of at least two participating undertakings is more than 1 million euros in the same period.
The aggregate annual turnover referred to in Paragraph 1 herein shall not count against the turnover generated by these undertakings in a reciprocal exchange.
Merger implemented through a takeover bid within the meaning of regulation governing takeover of joint stock companies, must be notified even if the conditions referred to in Paragraph 1 herein are not fulfilled.
Merger parties
In the case of a merger referred to in Article 17(1/1) of the Law on Protection of Competition (Official Gazette of the RS 51/09 and 95/13, hereinafter – the Law), the parties to the merger are understood to be all undertakings involved in the status change.
In the case of a merger referred to in Article 17(1/2) of the Law, the parties to the merger are understood to be the undertaking acquiring direct or indirect control (acquirer of control or notifying party pursuant to Article 63(3) of the Law) and the undertaking or a part of an undertaking over which control is acquired. Regarding the applicability of said article, i.e. determination of requirements for merger notification, the acquirer of control is the whole group of companies within which the notifying party operates and is a part thereof within the meaning of Article 5 of the Law.
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