Answer ... Failure to notify is punishable by a financial sanction of up to AZN 5,500. The State Service for Anti-monopoly Policy and Protection of Consumer Rights can also seek a court order imposing a sanction in the amount of 1% of any amount of the sanction that remains outstanding for more than 30 days for each day of delay. 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 Policy and Protection of Consumer Rights 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.
Answer ... The State Service for Anti-monopoly Policy and Protection of Consumer Rights can order that a transaction be undone, although it may be argued that such authority is vested only in the Azerbaijani courts.
Answer ... See question 7.1.