The first edition of the Merger Control Statistical Bulletin (BECC) 2022, which aims to contribute to the promotion of a culture of competition, indicates that, in terms of company mergers or mergers, 2022 was the year with the best performance (half of the notifications) and between 2021 and 2022, it managed to raise 97 million kwanzas, resulting from the fee for assessing these acts.
The bulletin points out that, globally, in the period between 2019 and 2022, ARC registered 42 merger notifications, with the majority occurring in 2022 (50 percent), leading the oil sector (24 percent) and having nature of the acquisition (93 percent).
After the oil sector, the agricultural and livestock, beverages, banking and construction sectors followed.
According to the report, during the analysis period there was an Average Annual Growth Rate (TCMA) of 64 percent of the total number of acts notified, of which 38 refer to prior notifications and four to notifications by request.
"It is interesting to report that in the context of monitoring the markets, carried out by the ARC, investigations were carried out into the possible occurrence of 'Gun-Jumping' [acts of consummation of a merger or acquisition operation before the appreciation and approval by the ARC], in its two ways, having concluded the year 2022 with a process under investigation", advances the document.
ARC, among other activities, exercises the Control of Acts of Concentration of companies (mergers and acquisitions), under the terms of Law n.º 5/18, of May 10, Competition Law (LdC), with companies obliged to request authorization from the ARC for mergers with the ARC.
Failure to comply with the prior notification or implementation of the operation without authorization may be subject to a fine and additional and pecuniary sanctions.