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- Merger Screening
1. What type of transactions are caught by the merger control regime?
1.1.1 Type of transactions that are caught by the merger control rules?
A transaction is caught by the merger control rules if it brings a change of control on a lasting basis resulting from:
- the merger of two or more, or parts of, previously independent undertakings;
- the acquisition, by one or more persons already controlling at least one undertaking, or by one or more undertakings, whether by purchase of securities or assets, by contract or by any other means, of direct or indirect control of the whole or parts of one or more other undertakings; or
- the establishment of a new joint company acting as an independent economic unit.
2. Establishing jurisdiction for notification of mergers
2.3 General thresholds
Merger filing is needed if:
- The combined global turnover of the undertakings concerned exceeded ALL 7,000,000,000 in the last financial year, and at least one of the undertakings concerned had a turnover of at least ALL 200,000,000 in Albania in the last financial year; or
- The combined turnover of the undertakings concerned exceeded ALL 400,000,000 in Albania in the last financial year, and at least one of the undertakings concerned had a turnover of at least ALL 200,000,000 in Albania in the last financial year.
2.4 Other national thresholds for ex ante merger control (e.g. sector-specific rules)
2.5 Foreign-to-foreign mergers
2.5.1 Do any exemptions, special thresholds etc. apply to foreign-to-foreign mergers, i.e. where none of the undertakings concerned is domiciled in the jurisdiction?
Foreign-to-foreign mergers are notifiable in Albania.
3. Calculation and allocation of turnover, asset value, transaction value etc.
3.1 Relevant turnover
3.1.1 How is turnover defined (e.g. is income from other sources than "ordinary activities to be included, and how are rebates, taxes, internal turnover etc. treated)?
The turnover to be included in the calculation for the purpose of the thresholds is income generated by an undertaking’s ordinary activities after deduction of taxes directly related to income.
3.3 Relevant undertakings for the calculation of turnover
3.3.2 The undertakings whose turnover is taken into account?
Turnover is calculated on group basis.
and last updated on 26-03-2020 by
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