Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Merger Control
3.
Notification
3.1
Is notification voluntary or mandatory? If mandatory, are there any exceptions where notification is not required?
 
Azerbaijan
Notification is mandatory and no exceptions are provided under the Anti-monopoly Law.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
3.2
Is there an opportunity or requirement to discuss a planned transaction with the authority, informally and in confidence, in advance of formal notification?
 
Azerbaijan
The State Service for Anti-monopoly Policy and Protection of Consumer Rights is responsible for determining whether a transaction will restrict competition; in this regard, an initial inquiry with the service may be relevant.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
3.3
Who is responsible for filing the notification?
 
Azerbaijan
In case of a merger, the merging entities; in case of an acquisition, the purchaser.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
3.4
Are there any filing fees, and if so, what are they?
 
Azerbaijan
There are no filing fees.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
3.5
What information must be provided in the notification? What supporting documents must be provided?
 
Azerbaijan
The following documents must be submitted to the State Service for Anti-monopoly Policy and Protection of Consumer Rights:

  • a notification application;
  • the acquisition deed or decision; and
  • information on the target’s volume of sales of the relevant product in the relevant market.

Under the Anti-monopoly Law, the service is not allowed to request additional documents. However, in practice, the service uses its discretion to request additional documents.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
3.6
Is there a deadline for filing the notification?
 
Azerbaijan
If a transaction is subject to filing in Azerbaijan, the approval of the State Service for Anti-monopoly Policy and Protection of Consumer Rights in relation to the transaction must be obtained before the transaction closes.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
3.7
Can a transaction be notified prior to signing a definitive agreement?
 
Azerbaijan
No. The State Service for Anti-monopoly Policy and Protection of Consumer Rights requires a copy of the acquisition deed. Therefore, the filing must be post signing.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
3.8
Are the parties required to delay closing of the transaction until clearance is granted?
 
Azerbaijan
Yes.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
3.9
Will the notification be publicly announced by the authority? If so, how will commercially sensitive information be protected?
 
Azerbaijan
No.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC