Ukrainian Competition Authority Resumes Review of Merger Control and Concerted Actions Applications

15/ 06/ 2022

In brief On 9 June 2022, the Antimonopoly Committee of Ukraine (the AMC) decided to resume the consideration of merger control and concerted actions filings, after nearly 3-months suspension in there review that was implemented by the AMCs Decree No.1-rp as of 3 March 2022 (the Decree) due to the Russian invasion of Ukraine, and further regulated by Recommendatory clarifications No.1-pp as of 30 March 2022 (the Recommendations) that simplified the rules relating to submission of merger control and concerted actions applications during the martial law period [1]. In more detail Although the texts of the documents adopted by the authority on 9 June 2022 are still to be published, the AMC in its press release has generally clarified what legal regimes will apply to merger control and concerted actions applications submitted within different time periods: Applications submitted and where the final decision was not made on or before 25 February 2022: The review of such applications is automatically resumed starting from 9 June 2022. There is no need for the parties to submit any separate requests on renewal of filings review, while the AMC is not obliged to formally inform the parties on review renewal of such applications. Applications submitted between 30 March and 17 June 2022 (inclusive) [2]: The Recommendations are still to be effective with regard to such applications, meaning that the review of such applications will remain suspended until the parties submit a full set of information and documents required under the law no later than 3 months after the expiration or termination of the martial law. Nevertheless, under the newly introduced changes, the parties may submit all the outstanding data and request the AMC to renew the review of the respective application before martial law is revoked. Applications submitted after 20 June 2022: Such applications will no longer benefit from the simplified rules established by the Recommendations. They will have to be submitted under the regular procedures applicable before the martial law was imposed. The AMCs press release does not cover specific practical questions which are expected to be answered in the full text of adopted documents. We will update this legal alert as soon as they are published. [1] For more detailed information, please see: Ukrainian Laws in Wartime: Guide for International and Domestic Businesses. [2] Although the AMCs press release refers to the filings submitted between 30 March and 17 June 2022 only, we assume that the same regime will apply to all other applications submitted after the consideration of merger control and concerted actions filings was suspended due to martial law. Contacts Oksana Simonova Partner Baker McKenzie Olga Mikheieva Counsel Baker McKenzie

In brief

On 9 June 2022, the Antimonopoly Committee of Ukraine (the “AMC“) decided to resume the consideration of merger control and concerted actions filings, after nearly 3-months’ suspension in there review that was implemented by the AMC’s Decree No.1-rp as of 3 March 2022 (the “Decree“) due to the Russian invasion of Ukraine, and further regulated by Recommendatory clarifications No.1-pp as of 30 March 2022 (the “Recommendations“) that simplified the rules relating to submission of merger control and concerted actions applications during the martial law period [1].

In more detail

Although the texts of the documents adopted by the authority on 9 June 2022 are still to be published, the AMC in its press release has generally clarified what legal regimes will apply to merger control and concerted actions applications submitted within different time periods:

Applications submitted and where the final decision was not made on or before 25 February 2022:

The review of such applications is automatically resumed starting from 9 June 2022. There is no need for the parties to submit any separate requests on renewal of filings review, while the AMC is not obliged to formally inform the parties on review renewal of such applications.

Applications submitted between 30 March and 17 June 2022 (inclusive) [2]:

The Recommendations are still to be effective with regard to such applications, meaning that the review of such applications will remain suspended until the parties submit a full set of information and documents required under the law no later than 3 months after the expiration or termination of the martial law. Nevertheless, under the newly introduced changes, the parties may submit all the outstanding data and request the AMC to renew the review of the respective application before martial law is revoked.

Applications submitted after 20 June 2022:

Such applications will no longer benefit from the simplified rules established by the Recommendations. They will have to be submitted under the regular procedures applicable before the martial law was imposed.

The AMC’s press release does not cover specific practical questions which are expected to be answered in the full text of adopted documents. We will update this legal alert as soon as they are published.

[1] For more detailed information, please see: Ukrainian Laws in Wartime: Guide for International and Domestic Businesses.

[2] Although the AMC’s press release refers to the filings submitted between 30 March and 17 June 2022 only, we assume that the same regime will apply to all other applications submitted after the consideration of merger control and concerted actions filings was suspended due to martial law.

Contacts

Oksana Simonova
Partner Baker McKenzie

Olga Mikheieva
Counsel Baker McKenzie