AMCU RESUMES REVIEW OF MERGER AND ANTITRUST NOTIFICATIONS

Newsroom

AMCU RESUMES REVIEW OF MERGER AND ANTITRUST NOTIFICATIONS

From 24 February 2022, the Antimonopoly Committee of Ukraine (“AMCU”) has suspended the review of merger and antitrust notifications due to certain administrative barriers caused by the russian invasion of Ukraine.

At the same time, on 30 March 2022, the AMCU issued guidelines (“Guidelines”) allowing to file simplified notifications during martial law. The AMCU would have reviewed such notifications once martial law was lifted. However, the compliance with the Guidelines secured a reduced liability for the infringement of the standstill obligation. More details are available on https://avellum.com/en/news/law#!480.

On 9 June 2022, the AMCU adopted:

  • the order on resuming the review of the notifications; and
  • the guidelines on procedures pertaining to the resumption of such review.

Here are the key takeaways.

Resumed review of notifications

As of 9 June 2022, the AMCU resumes the review of all notifications in relation to which no decision was adopted before 24 February 2022. Notably, the applicants do not have to file any requests to the AMCU – the review will resume automatically.

New notifications filed as of 20 June 2022

As of 20 June 2022, the applicants cannot file simplified notifications under the Guidelines and must file standard notifications under the Ukrainian merger/antitrust regulations. In addition, the AMCU will not suspend the review of such notifications, and applicants will not be able to benefit from the reduced liability for the infringement of the standstill obligation under the Guidelines.

Yet, the Guidelines will apply to all notifications filled between 9 June 2022 and 17 June 2022.

Notifications filed between 30 March 2022 and 17 June 2022

As expected, the applicants who filled simplified notifications during this period would benefit from the Guidelines (including the reduced liability for the infringement of the standstill obligation), and the review of such notifications will remain suspended. However, the AMCU will resume these notifications if the applicants file a formal request.

Related practices

Posted on June 9, 2022

Legal entities are obliged to register in Unified Judicial Information and Telecommunication System

On 18 October 2023, Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Mandatory Registration and Use of Electronic Offices in the Unified Judicial Information and Telecommunication System or its Separate Subsystem (Module) Enabling Document Exchange” No. 3200-IX, dated 29 June 2023, will be enacted (“Law”). The Law introduces an obligation to […]

Posted on October 20, 2023

Law on regulation of digital content and digital services adopted

On 30 August 2023, the President of Ukraine signed Law of Ukraine “On Digital Content and Digital Services” No. 3321-IX (“Law”), designed to implement EU Directive 2019/770. The principal provisions of the Law enter into force on 2 March 2024.   Key provisions of the Law   Additional notes This LEGAL ALERT is issued to inform AVELLUM clients […]

Posted on September 8, 2023 by MYKOLA STETSENKO
Subscribe to our Newsletter
Back
Search results: