Comparative Guides
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Results: 4 Answers
Merger Control
4.
Review process
4.1
What is the review process and what is the timetable for that process?
 
Azerbaijan
The State Service for Anti-monopoly Policy and Protection of Consumer Rights will examine the application and the corresponding documents within 15 calendar days and issue a decision.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.2
Are there any formal or informal ways of accelerating the timetable for review? Can the authority suspend the timetable for review?
 
Azerbaijan
In practice, especially in cases where additional documents are required, the term indicated in question 4.1 can be extended by a further 15 calendar days. The timetable for review is suspended for the period for submission of additional documents.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.3
Is there a simplified review process? If so, in what circumstances will it apply?
 
Azerbaijan
No.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.4
To what extent will the authority cooperate with its counterparts in other jurisdictions during the review process?
 
Azerbaijan
The State Service for Anti-monopoly Policy and Protection of Consumer Rights can cooperate with other state bodies, business entities and officials to gather the relevant information.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.5
What information-gathering powers does the authority have during the review process?
 
Azerbaijan
See questions 3.5 and 4.4.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.6
Is there an opportunity for third parties to participate in the review process?
 
Azerbaijan
No. Only the transaction parties can participate in the review process.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.7
In cross-border transactions, is a local carve-out possible to avoid delaying closing while the review is ongoing?
 
Azerbaijan
No. If the transaction may have restrictive effects in the relevant product market in Azerbaijan, the State Service for Anti-monopoly Policy and Protection of Consumer Rights may apply to a local (and possibly a foreign) court to undo the transaction if it closes globally without awaiting the results of the ongoing review by the service.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.8
What substantive test will the authority apply in reviewing the transaction? Does this test vary depending on sector?
 
Azerbaijan
See questions 2.3 and 2.6. The test is same for all sectors.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.9
Does a different substantive test apply to joint ventures?
 
Azerbaijan
Not applicable.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
4.10
What theories of harm will the authority consider when reviewing the transaction? Will the authority consider any non-competition related issues (eg, labour or social issues)?
 
Azerbaijan
The State Service for Anti-monopoly Policy and Protection of Consumer Rights considers only whether the transaction will restrain competition in the relevant product market in Azerbaijan. Non-competition related issues are not considered.

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