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3. Control over the scope of economic concentration

3.1 Transactions subject to approval

The following is considered as concentration of economic entities:

  1. Amalgamation or merger of economic entities;
  2. Acquisition of assets or shares of one economic entity by another if the acquisition,  per se or together with the assets or share already possessed by the acquirer, constitutes 20% of assets or shares of such economic entity;
  3. Any amalgamation of economic entities as a result of which one economic entity may, directly or indirectly, influence on the decision making or competitiveness of another economic entity.
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3.2. Approval / notification thresholds

 See below

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3.3. "Groups" and "intragroup deals"

n/a

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3.4. Exceptions from transaction approval requirements
  1. Any concentration leading to a dominant position shall be prohibited, except for cases when it promotes the interests of consumers and (or) the development of a competitive environment in the product market.
  2. A concentration which is subject to declaration or leads to a dominant position shall be permitted on the basis of the Commission's decision.
  3. It shall be prohibited to practice or participate in concentration subject to declaration or leading to a dominant position prior to the adoption of Commission's decision.
  4. Enacted prohibited concentration shall be subject to liquidation (annulment, ceasing) according to the procedure defined by the legislation.
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3.5. General approval procedure

In RA the notification or approval process is the by the declaration process. Concentration of economic entities, before its practicing or participation therein, shall be subject to declaration if:

  1. The joint value of assets of the participants was at least 3 billion AMD in the financial year preceding its establishment;
  2. Participants operate on the same product market, and the joint value of their assets was at least 1 billion AMD in the financial year preceding its establishment;
  3. The value of assets of one of the participants was at least 3 billion AMD in the financial year preceding its establishment;
  4. Participants operate in the same product market, and the value of assets of one of them was at least 1 billion AMD in the financial year preceding its establishment.

The declaration form shall consist of the:

  1. Name, residency (location) address and business address; 
  2. Financial statements of annual activity as of the end of the year preceding the declaration and the auditing conclusion concerning them. If one of the concentration participants started its activity in that year, the financial statements and auditing conclusion concerning them shall be presented as of the end of the month preceding the declaration. 
  3. Volumes of products sold during the preceding year according to their assortment, as well as the description of production capacities; 
  4. Other information referring to the product market and the activities of the market participants, if the declarer so wishes. 

The procedure for the declaration of concentration and the form of declaration shall be defined by the Commission.

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3.6. Implications of a failure to obtain approval

See point 2.6

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