The AMC resumes a full-scale review of merger control and concerted actions notifications
Since the enactment of the martial law regime in Ukraine, the AMC has temporary suspended review of applications and cases where the final decision was not made on or before 25 February 2022. The AMC made the respective announcement on its official webpage in early March 2022. Later, on 30 March 2022, the AMC adopted Guidelines on notification requirements during the martial law regime (the Guidelines). According to the Guidelines, parties were not exempted from submitting notifications during the period of martial law. However, the AMC was supposed to review such notifications in substance and issue clearance only after the termination or cancellation of the martial law regime.
On 9 June 2022, the AMC adopted the Regulation on renewal of applications review process.
Applications and cases where the final decision was not made on or before 25 February 2022
According to the Regulation, starting from 9 June 2022 the AMC renews review process of applications and cases where the final decision was not made on or before 25 February 2022. The review process will be renewed automatically, there is no need for applicants to file any motions or other procedural documents with the AMC.
Applications filed from 30 March 2022 to 17 June 2022
As a general rule, the AMC will review the applications filed from 30 March 2022 to 17 June 2022 based on the Guidelines requirements. It means that applicants who filed a simplified package of documents may submit supplements thereto in accordance with the standard legal requirements during 3-month period after termination/cancellation of the martial law to renew the review process.
However, upon the applicants’ request, the AMC may renew the review process during the martial law regime based on the standard review procedure. Thus, it is upon applicants to decide on the most preferable review option.
Applications filed from 20 June 2022
Starting from 20 June 2022, the AMC will review merger control and concerted actions notifications and cases in accordance with the standard requirements of the Law of Ukraine “On Protection of Economic Competition”, Concentration/Concerted Actions Regulations.