Comparative Guides

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4. Results: Answers
Merger Control
7.
Penalties and sanctions
7.1
If notification is mandatory, what sanctions may be imposed for failure to notify? In practice, does the relevant authority frequently impose sanctions for failure to notify?
Azerbaijan

Answer ... Failure to notify is punishable by a financial sanction of up to AZN 5,500. The sanction is typically imposed on the transferee (and the target in a share deal).

Damages can also be imposed by the court and profits seized.

The Anti-monopoly Law does not provide for any statute of limitations that bars the application of sanctions or other adverse consequences for anti-monopoly breaches, and the State Service for Anti-monopoly and Consumer Market Control applies no limitation periods in practice.

The service will monitor merger activities, including foreign-to-foreign merger, although we are unaware of any specific penalties that have been imposed in relation to foreign-to-foreign mergers to date.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
7.2
If there is a suspensory obligation, what sanctions may be imposed if the transaction closes while the review is ongoing?
Azerbaijan

Answer ... The State Service for Anti-monopoly and Consumer Market Control can order that a transaction be undone, although it may be argued that such authority is vested only in the Azerbaijani courts.

For more information about this answer please contact: Leyla Safarova from BM Morrison Partners LLC
7.3
How is compliance with conditions of approval and sanctions monitored? What sanctions may be imposed for failure to comply?
Azerbaijan

Answer ... See question 7.1.

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