13 May 2021 by and Competition Law Alert

Merger fees now payable in Angola

As of February 2021, certain fees are now due for services rendered by the Autoridade Reguladora da Concorrência (the ARC), as approved by Ministry of Finance’s Executive Decree No. 32/21 (the Decree). Notably, an “assessment of concentration” fee is payable as part of the services. Thereafter, filing fees are payable and calculated in relation to turnover values, based on the thresholds for mandatory merger notification.

Merger thresholds

A merger is notifiable if any one, of the following, is satisfied:

  • the merger will result in the acquisition, creation or reinforcement of a market share of 50% or more in the local market or a substantial part of it;
  • the merger will result in the acquisition, creation or reinforcement of a market share of between 30% to 50% in the local market or a substantial part of it, and if at least two of the undertakings concerned individually achieved turnover in Angola of more than Angolan Kwanza (AOA) 450 million (approx. USD 680,000) in the preceding financial year;
  • if the combined turnover in Angola of all undertakings participating in the merger exceeded AOA 3.5 billion (approx. USD 53 million) in the preceding financial year.

10008 ALERT Competition 13 May 2021_table1

At this stage, it seems that the ARC only accepts payments of the filing fee from local firms. It remains uncertain what the position is if the financial thresholds are not met, but the 50% or more market share threshold is. Presumably, in that instance, no filing fee is payable.

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