UNDERSTANDING MERGER CONTROL IN MACEDONIAN COMPETITION LAW
DOI:
https://doi.org/10.61837/mbuir030125077pKeywords:
mergers, concentration, competition, market, controlAbstract
This article explores the close relationship between Macedonian competition law and EU regulations, with a focus on concentration as a critical aspect of competition policy. Originating from strategic aspirations for EU membership, Macedonian competition law is deeply influenced by EU standards, particularly regarding merger control, which is seen as a key element of competition law.
Both Macedonian and EU competition laws prioritize preventive measures to prevent harmful mergers and acquisitions between enterprises seeking market dominance. Such dominance concentrates market power, which, if abused, can impede effective competition, innovation, and harm consumer welfare through higher prices, lower quality, and limited choices.
Given the limited discussion on market concentrations in North Macedonia, this article aims to shed light on the competition policy related to preventing harmful concentrations. Using descriptive and analytical legal research methods, it examines mergers and acquisitions in the Macedonian market, legal obligations in cases of market competition disturbances, and evaluates the effectiveness of the control mechanisms. It also analyzes the operations of the Macedonian Competition Authority regarding market concentrations, focusing on the notification processes and challenges faced.
Through a comprehensive analysis, this paper contributes to a deeper understanding of concentration control mechanisms in the Macedonian competition law and provides insights into broader competition policy dynamics, offering valuable implications for policymakers, legal practitioners, and scholars.
References
a) Books and articles:
Gun jumping, produced in partnership with Stephane Dionnet and Pauline Giroux of Skadden Arps Slate Meagher&Flom LPP, LexisNexis, March 2017.
Directorate-General for Competition (2002): Glossary of terms used in EU competition policy, Antitrust and control of concentrations, Brussels.
Elliott P. and Van Acker J., Van Bael & Bellis: Merger Control in the EU: overview, Practical Law, https://uk.practicallaw.thomsonreuters.com
Eftimova V. (2006): Competition Regimes in the World – A Civil Society Report. 84, Macedonia, 440.
Zimmer D. (2009): Efficiency in merger law: appropriateness of efficiency analysis in ex-ante assessment? Economic Theory and Competition Law. Cheltenham, United Kingdom, 206.
J. Gerber D. (2009): Competition law and the institutional embeddedness of economics. Economic Theory and Competition Law. Cheltenham, United Kingdom, 20.
Karova R. и Botta M. (2010): Five Years Enforcement of the Competition Law in the Republic of Macedonia – Time for an Assessment.
Mediterranean Competition Bulletin, 56.
Laitenberger J., Director-General for Competition, European Commission (2017): Enforcing EU competition law – recent developments and a glance to the future, CMS EU Competition Conference, Brussels, 19 October 2017.
M. Dabbah M. (2010): International and comparative competition law, Cambridge University Press, United Kingdom.
Modrall J. (2017): The EU gets tough on gun jumping. The M&A Lawyer, September 2017.
Panev K.: Merger Control as a mechanism for protection of competition, August 2019
Pepeljugovski V. (2009): Pravo na konkurencija – Antimonopolsko parvo. FON University, Skopje.
Pecotić Kaufman J. i Slijepčević S. (2010): Koncentracije poduzetnika i mjerodavno tržište: Pravni i ekonomski aspekti. Zbornik Pravnog
fakulteta u Zagrebu. Vol. 60 No 5, 2010.
Slaugter and May (2018): The EU Merger Regulation. An overview of the European merger control rules, January 2018.
Тhe Antitrust Source (2017): Interview with Johannes Laitenberger, Director-General for Competition, European Commission, June 2017, преземено на 22.06.2019, www.antiturstsource.com
The European Competition Network (2005): What It Is and Where It’s Going, The Antitrust Source, July 2005.
Тhe Economic Times: Definition of “Market Concentration”, https://economictimes.indiatimes.com/definition/market-concentration
Hull D., Gordley C. (Van Bael&Bellis (Brussels)): Gun jumping in Europe: An overview of EU and National Case Law, Concurrences, N085642,
e-Competitions, Antitrust Case Laws e-Bulletin, www.concurrences.com
b) Laws, Regulations, and Guidelines:
Law on Protection of Competition (Official Gazette of the Republic of Macedonia no. 145/2010; 136/2011; 41/2014: 53/2016 and 83/2018)
Law on Commercial Companies (Official Gazette of the Republic of Macedonia no. 28/04, 84/05, 25/07, 87/08, 42/10, 48/10, 24/11, 166/12, 70/13, 119/13, 120/13, 187/13, 38/14, 41/14, 138/14, 88/15, 192/15, 6/16, 30/16, 61/16, 64/18 and 120/18 and Official Gazette of the Republic of North Macedonia no. 290/20, 215/21 and 99/22)
Regulation on the format and content of the concentration report and the necessary documentation submitted together with the survey (Official Gazette of the Republic of Macedonia No. 44/12 of 30.03.2012).
Regulation on closer conditions for the release or reduction of the fine and the procedure under which the Commission for Decision-by-Violation decides on the release or reduction of the fine (Official Gazette of the Republic of Macedonia 41/12 of 26.03.2012).
Treaty on the Functioning of the European Union (Official Journal of European Union C 326/47, 26.10.2012).
The Treaty Establishing the European Community (Official Journal of the European Communities C 325/01, 24.12.2002).
Council Regulation (EC) No.139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (Official Journal of the European Union L 24/1, 29.01.2004).
Competition Commission: Guidelines for determining cases where, when assessing concentrations, the Concentration Protection Commission
will usually determine that they comply with the Competition Protection Act, 31.06.2016.
Competition Commission: Guidelines for assessing horizontal concentrations for the purpose of the Competition Protection Act, 28.12.2015.
Competition Commission: Guidelines for the assessment of vertical and conglomerate concentrations, 28.12.2015.
Commission Competition: Guidelines for term – concentration, 29.03.2012.
c) Reports and Press-Releases:
Annual Reports on the Work of the Commission for Protection of Competition 2005 - 2022
European Commission (2014): Communication from the Commission to the European Parliament and Council: Ten Years of Antitrust Enforcement under Regulation 1/2003: Achievements and Future Perspective, COM (2014) 453, Brussels.
European Commission – Press Release: Mergers: Commission fines General Electric €52 million for providing incorrect information in LM Wind takeover. IP/19/2049, Brussels, 08.04.2019.
European Commission - Press Release: Mergers: Commission alleges Altice breached EU rules by early implementation of PT Portugal acquisition. IP/17/1368, Brussels, 18.05.2017.
European Commission – Press Release: Mergers: Commission alleges Merck and Sigma-Aldrich, General Electric, and Canon breached EU merger procedural rules. IP/17/1924, Brussels, 06.07.2017.
European Commission – Press Release: Mergers: Commission approves acquisition of salmon processor Morpol by salmon farmer Marine
Harvest, subject to conditions. IP/13/896, Brussels, 30.09.2013.
European Commission – Press Release: Commission adopts new leniency policy for companies which gave information on cartels, IP/02/247, Brussels, 13.02.2002.
d) Court cases and decisions:
Case T-201/04 - Microsoft v.Commission, 17.09.2007
Case No. COMP/M.7217 - Facebook/WhatsApp, 03.10.2014
Case No. COMP/M.4994 - Electrabel/Campagnie Nationale du Rhone, 10.06.2009
Case No COMP/M.7184 - Marine Harvest/Morpol, 23.07.2014
United States v Smithfield Foods and Premium Standard Farms 1:10-CV-00120 (DDC Jan 21, 2010)
Decision PP.No.09-10/6 од 16.11.2018
