Slovakia Approves New Energy Policy Amid EU Push

by Seraphina Blackwood 1 days ago
Slovakia Approves New Energy Policy Amid EU Push
Slovakia Approves New Energy Policy Amid EU Push

Slovakia has a mandatory merger control regime that requires companies to notify certain transactions before implementation. The system is based on Act No. 187/2021, which amended the Protection of Competition Act. The Antimonopoly Office of the Slovak Republic acts as the independent authority responsible for investigating and deciding on these cases.

When a deal must be reported

Control is defined as the ability to exercise decisive influence over an undertaking, either legally or in practice. This includes power over strategic decisions, budgets, business plans, or management appointments. A change of control on a lasting basis triggers the notification obligation.

Minority shareholdings are not exempt if they confer decisive influence, typically through veto rights over key matters like budgets or senior appointments. Purely passive investments generally do not require filing. The authority assesses each case individually based on EU principles.

The regime covers mergers, acquisitions of assets or shares, joint ventures, and certain debt structures. A joint venture is treated as a concentration if it performs all functions of an autonomous economic entity and operates independently. If it does not meet these full‑functionality criteria, it is not subject to merger control.

Turnover thresholds and local connection

Notifications are mandatory if either of two turnover thresholds is met. The first requires combined Slovak net turnover of at least EUR 46 million, with at least two parties achieving EUR 14 million each in Slovakia.

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The other threshold applies if one party generates that amount in Slovakia and another has global sales of the same level.

Turnover is calculated based on net sales generated by the entire group. For joint ventures, the amount is attributed according to the controlling parents’ shareholding. Geographical allocation generally follows the location of customers, attributing sales to Slovakia when goods or services are supplied there.

A local nexus is required, meaning the transaction must generate sufficient revenue in Slovakia to trigger the rules. There is no minimum shareholding threshold, and no specific rules exist for asset‑based thresholds. The authority does not have a formal power to review below‑threshold transactions under merger control rules, though it may do so under abuse of dominance regulation.

Parties must file before implementation. The obligation cannot be waived, though the authority may grant an exemption from the standstill obligation in exceptional circumstances. This allows implementation before clearance if serious financial harm to the target is demonstrated.

The notifying party must submit a prescribed form with detailed information and supporting documentation.

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