Part 2 - General instructions

This part contains all the forms to be used for notification purposes (marked with the letters A, B, etc.) divided into sections (I, II, III, etc.), paragraphs (A1, A2, A3, B1, B2, etc.) and points ((a), (b), etc.).

Notifying parties are required to supply all the information requested, using copies of the notification forms or on separate sheets, marked specifically to refer to the same numbers and points as they appear on the forms. Each form comprises all the sheets needed for the required information. As far as possible, it is recommended that the notifying parties use the same format for all the information.

The information required in the forms and all the annexed documentation must be submitted to the Authority following the procedures indicated below. The documentation annexed to the forms comprises the documentation requested on Form F and all other documents that are supplied in support of any other information requested. The reference numbers of all the documentation annexed, including the number of pages of which each document is composed, must be stated in Form F.

Each sheet, except the annexed documentation, must state the name of the notifying party, the date of notification and the page number; the pages must be serial-numbered from the first to the last page of the forms submitted.

The “List of forms and sections” must be annexed to the notification using the format provided. This must indicate the number of the pages of which each section of each form is composed.

If the information to be notified has already been submitted to the Authority with previous notifications of concentrations, the notifying party may refer to such previous submissions in the new notification, indicating any changes that may have occurred in the meantime.

The notifying parties may also refer to the definitions set out in the first part (General conditions ...). Other definitions are given below to facilitate compilation of the Forms:

Notifying parties: in cases where notification may be submitted by only one of the parties to the operation, the term “notifying parties” only refers to the undertakings which actually submit the notification.

Parties to the concentration: this term indicates both the acquiring and the acquired parties, or the merging parties, including all the undertakings in which a controlling interest is being acquired or which is the object of a public bid to acquire an undertaking.

Year: save where otherwise stated, all references are to a calendar year. All the information requested in the Forms shall, unless otherwise specified, relate to the year preceding that of notification.

Code of economic activity: this refers to the codes classifying economic activities approved by Ministerial Decree (Ministry of Finance) dated 9 December 1991 (as amended), published in the Official Gazette No. 293 of 14 December 1991.

 

All enquiries relating to the concentration notification obligation and procedures should be made to the Authority: telephone 06 85821.1, fax 06 85821.256, e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

In the case of a joint venture notification, the parties may expressly request that if the Authority deems it not to constitute a concentration within the meaning of the Act, it is appraised pursuant to Section 13 of the Act.

Notifications must be signed by the legal representatives of the undertakings concerned or by special attorneys beneath the following wording: “The undersigned accept full liability for the completeness and truthfulness of all the information supplied, and declare that the annexed documents are complete and are identical to the originals”.

The Forms and annexed documentation must be submitted by registered post with recorded delivery, in duplicate, or may be delivered by hand against a receipt issued by the Secretary General or his representative between 9:00am and 5:00pm on all working days from Monday to Friday at the following address:

 

Autorità Garante della Concorrenza e del Mercato

Piazza G. Verdi 6/A

00198 Roma