The Antimonopoly Committee of Ukraine Renews the Review of Merger and Antitrust Filings

14/ 06/ 2022

According to the recent press release issued by the Antimonopoly Committee of Ukraine (the AMC), the review of merger and antitrust filings was renewed on 9 June 2022. Recall that due to the commencement of russias full-scale military invasion into Ukraine on 24 February 2022, the review of all filings was suspended. The AMC put on hold the filings submitted before 25 February 2022 and did not accept new filings until 30 March 2022. To this end, on 30 March 2022, the AMC adopted the guidelines on the merger control procedure during the time of martial law in Ukraine (the Guidelines). In the Guidelines, the AMC clarified that the obligation to obtain prior clearance for notifiable transactions remained in force during the time of martial law, while new filings would be accepted but reviewed only after the end of martial law. For more details on the Guidelines, please see our previous alert under this link: https://bit.ly/3jn5Pqu. Starting from 9 June 2022, the AMC will apply the following approaches to filings review depending on the date when such filings were/are made: Before 25 February 2022 – the review of such filings has been renewed under the standard merger control rules. From 30 Mаrch to 17 Junе 2022 – such filings are/will be reviewed in accordance with the Guidelines, meanwhile, the parties may submit a motion to the AMC asking to renew the filing review before the end of martial law, as well as all outstanding information/documents as required by the standard merger control rules (in case the parties initially submitted a shortened list of information/documents under the Guidelines). To this end, the AMC should renew the filing review within seven days after the motion and outstanding information/documents (if any) have been received. From 22 Junе 2022 – such filings will be reviewed under the standard merger control rules. In case of any questions, please feel free to contact: Anastasia Usova Partner, Antitrust Redcliffe Partners Denys Medvediev Senior Associate Redcliffe Partners Nataliya Kovalyova Senior Associate Redcliffe Partners

According to the recent press release issued by the Antimonopoly Committee of Ukraine (the “AMC“), the review of merger and antitrust filings was renewed on 9 June 2022.

Recall that due to the commencement of russia’s full-scale military invasion into Ukraine on 24 February 2022, the review of all filings was suspended. The AMC put on hold the filings submitted before 25 February 2022 and did not accept new filings until 30 March 2022.

To this end, on 30 March 2022, the AMC adopted the guidelines on the merger control procedure during the time of martial law in Ukraine (the “Guidelines“). In the Guidelines, the AMC clarified that the obligation to obtain prior clearance for notifiable transactions remained in force during the time of martial law, while new filings would be accepted but reviewed only after the end of martial law. For more details on the Guidelines, please see our previous alert under this link: https://bit.ly/3jn5Pqu.

Starting from 9 June 2022, the AMC will apply the following approaches to filings’ review depending on the date when such filings were/are made:

Before 25 February 2022 – the review of such filings has been renewed under the standard merger control rules.
From 30 Mаrch to 17 Junе 2022 – such filings are/will be reviewed in accordance with the Guidelines, meanwhile, the parties may submit a motion to the AMC asking to renew the filing review before the end of martial law, as well as all outstanding information/documents as required by the standard merger control rules (in case the parties initially submitted a shortened list of information/documents under the Guidelines). To this end, the AMC should renew the filing review within seven days after the motion and outstanding information/documents (if any) have been received.
From 22 Junе 2022 – such filings will be reviewed under the standard merger control rules.

In case of any questions, please feel free to contact:

Anastasia Usova
Partner, Antitrust Redcliffe Partners

Denys Medvediev
Senior Associate Redcliffe Partners

Nataliya Kovalyova
Senior Associate Redcliffe Partners