To successfully structure a cross-border transaction, it is
important to do a careful antimonopoly law analysis at an early
stage. Russian merger control requirements may apply in case of
foreign-to-foreign M&A transactions with very little nexus to
the Russian market. Likewise, Russian antimonopoly clearance may be
required for the establishment of joint ventures. Unlike some
jurisdictions, Russian antimonopoly law does not treat joint
ventures any differently than other M&A transactions.
Accordingly, joint ventures need to be analyzed from the
perspective of the merger control rules, as well as the rules
dealing with potentially anticompetitive agreements. Given that
Russian competition rules are in some respects stricter than their
counterparts in other jurisdictions and that merger control and
other antimonopoly filings are time- and effort-consuming
endeavors, it is essential to assess the implications for a
particular transaction (including substantive and
