Certain operations carried out by companies (such as mergers or the purchase of shares or assets of another company or the acquisition of one or more companies) may alter the competitive situation in the markets. In other words, it can increase the risk of gaining more market power, raising prices, establishing barriers to entry, slowing innovation, etc. For all these reasons, the Spanish Competition Act (LDC) establishes a system to control mergers that could pose a risk to competition.
 

Why does a merger have to be reported?

We must prevent a merger of companies from jeopardising market competition.
When two or more companies merge, the number of competitors is reduced and the power of the firms may increase.

Conditions for reporting

In general, mergers that reach a certain market share (Article 8.1 a of the LDC) or a certain turnover (Article 8.1 b of the LDC) must be reported, provided that there is no obligation to notify the European Commission.
In merger operations that meet the notification thresholds but do not, a priori, significantly affect effective competition (due to the lack of overlap between the parties, the small market shares of the merged entity, etc.), the Spanish Competition Act provides for notification by means of a short form CO (Article 56 of the LDC).
Any merger that must be notified to the CNMC shall be subject to a general obligation (with certain exceptions) to suspend its execution until it has been authorised.

Prior consultation with the CNMC

If you are unsure whether a deal is a merger and needs to be reported, you can ask the CNMC for advice through their e-Office.
 

e-Office 

Pre-notification contacts

Puedes ponerte en contacto con nosotros por correo para iniciar comunicaciones previas a una notificación de concentración, en la dirección:Email 

We will help you prepare the documentation correctly so that the procedure goes as quickly as possible.
 

Documentation required for notification

• You must complete and sign a notification form, with the content set out in Annex II (if the operation is ordinary) or Annex III (if the operation is abbreviated) of the Competition Regulations.
• The form must be accompanied by a series of documents, such as the sales contract, the financial statements of the participating companies or proof of payment of the corresponding fee.
• If the operation is abbreviated, a fixed fee of €1,576.51 applies. For ordinary operations, the amount of the tax will be calculated based on the turnover of the companies, in accordance with the provisions of the Annex to Act 3/2013
• The tax must be settled using form 791 at an AEAT (Spanish tax agency) collaborating entity. If the company is abroad, a bank transfer can be made to the account  ES96 0081 5913 8900 0100 1208.

Resoluciones de concentraciones

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