Concentration Control

Concentration Control in law No. 9121/2003 “On the protection of competition,” one of the main pillars is the control of concentrations provided in CHAPTER III of the law that constitutes articles (10-17). Concentration control consists if a lasting change is caused based on certain factors provided for in Article 10 of the competition law, which is, ”

a) the merger of two or more undertakings or parts of undertakings independently of each other;

b) the acquisition of direct or indirect control, by one or more natural persons, who at the same time have control of at least one other enterprise or by one or more enterprises, over one or more enterprises, or a part of the latter, through the purchase of shares, quotas or assets, contract or any other lawful means;

c) direct or indirect control over one or more undertakings or part thereof. ”

As in the Treaty of Lisbon where the agreements were divided into vertical and horizontal agreements, in the Albanian competition law, the concentrations are divided into:
– vertical concentrations when enterprises operate at different market levels;
– horizontal concentrations when enterprises operate in the same market;
Although they may not be at different market levels, mixed-if enterprises are active in other product markets. These are also called non-horizontal concentrations;
– Mergers and acquisitions may be non-competitive or, in some cases, make enterprises more efficient, strengthen their competitiveness and reduce costs, increasing customer benefits.28
Concentrations have several stages of notification when they should be notified to the CA for the latter to authorize them; otherwise, they can be sanctioned with various fines for violation of non-notification in time of concentration.