Does merger control apply in the absence of a substantive overlap?
Undertakings need notify concentrations based only on the turnover criteria specified above. The positions of the parties on the relevant market and any change in their positions following the concentration are irrelevant. 2.5 In what circumstances is it likely that transactions between parties outside your jurisdiction (“foreign to foreign” transactions) would be caught by your merger control legislation? The Competition Act also applies to activities and actions that have taken place abroad (foreign to foreign transactions) if they lead or may lead to a restriction of competition in the Slovak market. The only applicable criteria for notification of a concentration are the worldwide and Slovak turnover thresholds described in question 2.3 above. Whether or not the undertakings have any local presence in the Slovak Republic is irrelevant. While the risk of foreign to foreign transactions attracting fines for failure to notify may currently be low, the transactions must be notified und
