On 30 May 2023, the Competition Regulatory Authority (CRA) announced that it will grant a 3-month period for companies to regularize concentration operations implemented between April 2021 and 30 May 2023 which were subject to prior notification to the CRA but were not notified. This period ends on 31 August 2023. No penalties shall be charged to companies that regularize such concentration operations within this time frame.  
 
What are the next steps? 

1 - Companies should undertake a competition law assessment and obtain legal advice, if necessary, to determine whether the transactions in which they were involved between April 2021 and May 2023 were subject to notification to the CRA.

2 - That being the case, companies should notify said transactions to the CRA until 31 August 2023.

What are the advantages?

This exceptional regime does allow companies - national and foreign - to regularize the transactions in which they were involved between April 2021 and May 2023 without imposition of any penalties.

What are the legal consequences of not regularizing? 
 
Once this deadline is over, on 31 August 2023, companies that have been involved in transactions subject to notification to the CRA may be subject to the imposition of the following penalties: 

• Sanction for breach of notification obligation: up to 1% of annual turnover generated in Mozambique
• Sanction for implementing the concentration before approval of the CRA: up to 5% of annual turnover generated in Mozambique.

For more information on this contents Alert, please contact:
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