Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Within a period of one month from the date when the AMC takes a decision to refuse a concentration, it is possible to submit an application to the Cabinet of Ministers of Ukraine, which may authorize the concentration based on outweighing any positive effect for the public interests of the concentration, in accordance with Article 25 of the Act on the protection of competition.  …

Proceedings before the CMU

The obligation to notify bears on the parties to the concentration. In practice, the acquirer usually leads the joint notification process. 

While the Act on protection of competition does not set any specific deadlines for filing, the notification must occur before completion of the transaction. Usually, the notification is made based on any document detailing the essential terms (e.g. MOU, draft agreement). 

The first step consists in an informal discussion with the AMCU. Parties can seek guidance on whether the concentration may be notified or whether the clearance is likely to be granted or refused. 

Once the AMCU believes the file is complete, the parties must formally notify. The content of the formal notification is detailed in the AMCU's Merger Regulation. The notification is suspensive, meaning that parties are prohibited from carrying on with the notified transaction until clearance has been issued by the AMCU. 

Merger notification

The AMC considers the notification and decides whether it is complete and can be accepted for review. The decision must be made within 15 days of the filing.

Phase I review lasts up to 30 days from the acceptance of the notification. At this stage the AMC decides whether the concentration is approved or whether it involves competition issues and requires more in-depth investigations in Phase II. 

Phase II opens when the AMCU identifies substantive concerns. It is set to last up to 4 months and a half from the notification, but the time period is suspended by further requests for information. 

Since the 2016 amendments, remedies may be offered and accepted at any phase of the review and not only during Phase 1. However, if the transaction may lead to a restriction of competition, remedies cannot preclude the initiation of a Phase 2.

The 2016 amendments also introduced a fast-track procedure for transactions that do not raise competition concerns, namely those where: i) only one participant is established in Ukraine, or ii) the aggregated market share of the parties to the horizontal merger does not exceed 15% or iii) the individual or aggregate market share of the participants in the upstream or downstream market does not exceed  20% in non-horizontal mergers. In such cases, the deadline for review is reduced to 25 days and under the amended AMC's Merger Regulation, the burden of notification requirements has been reduced.

Pursuant to the review of an application the AMC may:

- approve the transaction without any limitations ;

- approve the transaction and issue binding prescription imposing obligations on the parties with the aim to promote competition ;

Proceedings before the AMC

Within a period of one month from the date when the AMC takes a decision to refuse a concentration, it is possible to submit an application to the Cabinet of Ministers of Ukraine, which may authorize the concentration based on outweighing any positive effect for the public interests of the concentration, in accordance with Article 25 of the Act on the protection of competition. 

Global Competition Law

1380. Proceedings before the CMU

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Les notions juridiques connexes

1380. Proceedings before the CMU

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise