Comparative Guides

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4. Results: Answers
Merger Control
3.
Notification
3.1
Is notification voluntary or mandatory? If mandatory, are there any exceptions where notification is not required?
Azerbaijan

Answer ... 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

Answer ... The State Service for Anti-monopoly and Consumer Market Control 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

Answer ... 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

Answer ... 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

Answer ... The following documents must be submitted to the State Service for Anti-monopoly and Consumer Market Control:

  • 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

Answer ... If a transaction is subject to filing in Azerbaijan, the approval of the State Service for Anti-monopoly and Consumer Market Control 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

Answer ... No. The State Service for Anti-monopoly and Consumer Market Control 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

Answer ... 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

Answer ... No.

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