Merger Control 2017 - Albania

1 Relevant Authorities and Legislation

1.1 Who is/are the relevant merger authority(ies)?

The Albanian Competition Authority ("ACA") is responsible for applying the merger control legislation in Albania. The ACA is an independent administrative entity composed of: (i) the Competition Secretariat (the investigation body); and (ii) the Competition Commission (the decision-making body).

1.2 What is the merger legislation?

Mergers in the Republic of Albania are mainly governed by: (i) Law no. 9901, dated 14 April 2008, "On Entrepreneurs and Commercial Companies", as amended; (ii) Law no. 9121, dated 28 July 2003, "On Protection of Competition" ("Competition Law"), as amended; and (iii) instructions and regulations issued by the ACA.

1.3 Is there any other relevant legislation for foreign mergers?

Besides the legislation mentioned in question 1.2 above, which is also applicable to foreign mergers, mergers between Albanian and European companies are also governed by Law no. 110/2012, dated 15 November 2012, "On Cross-border Mergers". Said law provides for the conditions, procedures and legal effects of a cross-border merger, as well as protective measures for employees and creditors of such companies.

1.4 Is there any other relevant legislation for mergers in particular sectors?

Besides the Competition Law, other legislation applies to mergers in particular sectors such as:

the audiovisual broadcasting sector: where an entity or person may not hold more than 40% of the share capital in a national audiovisual company. An entity or person holding shares in a national audiovisual company may not hold more than 20% of the share capital in another national audiovisual company. An entity or person that holds shares in local or regional audiovisual companies may not hold more than 40% of the share capital in another local or regional audiovisual company. Any change in the ownership, or matters related to it, is subject to prior written approval by the Audiovisual Media Authority. the banking sector: where the Central Bank of Albania has the power to approve or decline any transfer of at least 10% of a bank's share capital or such a percentage that enables a shareholder to influence considerably in the management or policies of a bank; the insurance sector: where the Authority of Financial Supervision is the regulatory body having the power to approve or decline any transfer of 10% or more of the shares with voting rights held in a company engaged in...