e-book2013

NEWSLETTER 2013

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– The opinion of the relevant professional department of the

Competition Board shall be prepared within twenty-four business

days.

– In addition to the opinion stated above, the Competition Board

shall receive the opinion of the Presidency of Privatization

Administration within six business days.

– The Competition Board shall prepare its opinion in the remaining

10 business days.

These periods may be extended by half at most, with a Competition

Board decision for the 24 and 10 business day periods, and upon the

discretion of the Privatization Administration for the 6 business day

period, depending on the characteristics of the undertaking or unit

intended for production of goods or services to be privatized, or of the

relevant product market.

Form of Pre-notification.

Pursuant to Communiqué No. 2013/2,

the pre-notification shall comprise the contact information of the unit to

be privatized, its area of operations and any available information and

documents concerning this area of operations.

Such conditions were not delineated under Communiqué No. 1998/4;

thus, pre-notifications were made with the notification form under the

Communiqué on Mergers and Acquisitions which Require the Approval

of the Competition Board No. 1997/1

(“Communiqué No. 1997/1).

This is because Communiqué No. 1998/4 stipulated that the provisions

of the Communiqué No. 1997/1 that were not in contradiction shall be

applicable for the issues that it did not regulate.

Communiqué No. 2013/2 contains a similar provision. However,

contrary to Communiqué No. 1998/4, Communiqué No. 2013/2 also

defines the content of the pre-notification. The existence of these

provisions cause hesitation concrning the use of the notification form

under Communiqué No. 2010/4.

The Communiqué no 1997/1 has been abolished with the entry into force of Communiqué

No. 2010/4.