Before filing a formal merger notification

Early engagement and clear communication are key to a smooth and transparent review process. Over time, the Authority has found that companies often benefit from talking to us before filing a formal merger notification. Too often, notifications arrive incomplete, meaning we must request additional information. That stops the clock on our legal deadlines, slowing down the review process.

To avoid this, we have introduced a pre-notification procedure. It gives companies the opportunity to discuss a planned merger with us in advance and helps avoid interruptions once the review is underway. The outcome: simpler administration and quicker decisions from the Authority.

Early discussions with us

Our staff are available to meet with companies to go over any potential issues connected with a future merger notification, provided that the transaction exceeds the second turnover threshold set out in Article 16(1) of Law 287/1990.

Companies planning such a transaction may, at least 15 days before they intend to file a formal merger notification, submit an informal document for discussion. This document should ideally include:

• the names of the parties to the merger;
• a short description of how the merger will be carried out;
• the markets affected by the transaction;
• the parties’ positions in those markets;
• whether the merger has been or will be submitted to other competition authorities abroad.

How the pre-notification phase works

We review the informal document with the companies on agreed schedules, focusing on any issues that may affect the subsequent formal notification. At this stage, if necessary, we may also request additional information.

The informal pre-notification phase is treated with the utmost confidentiality.

When the clock starts ticking

Companies should note that the legal deadline under Article 16(4) only begins to run once the formal notification is filed – using the standard Form and accompanied by all the required information.

Allowing this preliminary phase does not prevent the Authority from requesting further information later, if needed, under Article 16(7).