Renewal of consideration of applications for concentrations by AMCU 

10.06.2022

The Antimonopoly Committee of Ukraine (the AMCU) resumes work in the field of mergers and concerted actions and on June 9 adopted the Order “On the resuming of consideration of applications for concentrations, concerted actions and preliminary conclusions”. 

 

Main inputs: 

 

  • Automatically, without sending separate notifications to applicants, consideration of all applications for permission for concerted actions, merger of economic entities, respective cases, preliminary conclusions on these issues, submitted to the AMCU and on which no decisions were made as of 25.02.2022, and which were stopped are renewed. 

  • The AMCU abolished the possibility to submit a shortened list of documents, a simplified procedure for their submission and approaches to determining fines, as provided for in Recommendations No. 1-r (Recommendations). Such changes take effect only from June 20, the date of receipt of the application is the date of its registration with the AMCU. 

  • From June 20, the submission and consideration of applications and cases on permission for concerted actions, merger of economic entities will be carried out in accordance with the requirements of Section VI of the Law of Ukraine “On Protection of Economic Competition”, Regulations on Merger and Concerted actions (General working regime of Ukrainian Competition authority). 

  • If the application was received in the period from 30.03.2022 to 17.06.2022 (inclusive), the AMCU retains for the applicants all the rights provided by the Recommendations (as adopted on 30.03.2022). In particular, the right to submit documents and information that were not submitted with the application for concerted actions/merger of economic entities, within three months after the termination or abolition of martial law. 

  • Until additional information/documents are received, but no later than 3 months after the cessation or abolition of martial law, such applications will remain suspended. Consideration of such applications may be resumed earlier at the request of the applicants, but in this case it is necessary to submit notification to the AMCU with the respective request. The AMCU will resume consideration of the application within 7 days from the date of receipt of the notification. 

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Partner, Head of International Arbitration

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Counsel, Antitrust and Competition