Ex-ante notification with the Commission is mandatory if any of the party (including its affiliates) to the merger or acquisition meets notification thresholds based on total assets, total revenue or turnover and transaction value. Registration is also mandatory after substantive completion of the transaction within 30 days.

The thresholds for mergers and acquisitions vary across 3 sectors.

• For the General sector, the thresholds are as follows:

Assets at USD 84 million (KHR 340,000 million), Turnover at USD 67 million (KHR 270,000 million), Input Purchase at USD 30 million (KHR 120,000 million), and Transaction Value at USD 10 million (KHR 41,000 million).

• For the Banking and Finance sector, the thresholds are as follows:

Assets at USD 1,118 million (KHR 4,500,000 million), Turnover at USD 103 million (KHR 420,000 million), Input Purchase at USD 903 million (KHR 3,800,000 million), and Transaction Value at USD 30 million (KHR 120,000 million).

• For Insurance and Securities, the thresholds are as follows:

Assets at USD 260 million (KHR 1,000,000 million), Turnover at USD 70 million (KHR 280,000 million), Input Purchase at USD 200 million (KHR 820,000 million), and Transaction Value at USD 15 million (KHR 61,000 million).

An ex-post notification is likewise mandatory within 30 working days after substantive completion of an approved transaction. In addition, parties may voluntarily apply for Advance Ruling Certificate, subject to registration within 30 working days after substantive completion.

The fee varies are across 4 regulatory categories (Pre-Notification, Post-Notification, Registration, and Advance Ruling Certificate) for 3 sectors (General, Banking and Finance, and Insurance and Securities).

1. Pre-Notification fees: General (KHR 8,000,000 / USD 2,000), Banking and Finance (KHR 10,000,000 / USD 2,500), and Insurance and Securities (KHR 12,000,000 / USD 3,000).
2. Post-Notification fees: General (KHR 400,000 / USD 100), Banking and Finance (KHR 600,000 / USD 150), and Insurance and Securities (KHR 800,000 / USD 200).
3. Registration fees: General (KHR 600,000 / USD 150), Banking and Finance (KHR 800,000 / USD 200), and Insurance and Securities (KHR 1,000,000 / USD 250).
4. Advance Ruling Certificates fees: General (KHR 10,000,000 / USD 2,500), Banking and Finance(KHR 12,000,000 / USD 3,000) and Insurance and Securities (KHR 14,000,000 / USD 3,500).

Parties may seek an exemption from notification under Article 12 of the Law on Competition, provided that they shall provide documents and information at the time of notification in accordance with Article 5 of the Sub-Decree No. 60, or at the time of application for an Advance Ruling Certificate in accordance with Article 14 of the Sub-Decree No. 60, or at any time during the review process, to evidence that the proposed transaction complies with the conditions set forth in Article 12 of the Law on Competition.

The notification forms to be submitted to the Commission can be found in:

1. Ordinary Form – https://www.ccfdg.gov.kh/wp-content/uploads/2024/03/20240306_Draft_in_Kh_EN_version_of_BC_Notification_Form_.pdf
2. Simplified Notification Form – https://www.ccfdg.gov.kh/pdf-view/?filename=https://www.ccfdg.gov.kh/wp-content/uploads/2024/03/20240301_Draft_in_Kh_EN_version_of_Simplified_Notification_Form.pdf

More information is available in the CCC website: www.ccfdg.gov.kh/en