Recently, the Antimonopoly Committee of Ukraine (the AMC)
adopted the Recommendations on Procedure for Applying of Part 1 of
Article 25 of the Law of Ukraine "On Protection of Economic
Competition" (on assessment of non-horizontal concentrations).
This document stipulates criteria for the assessment of potential
influence on the markets of non-horizontal concentrations (i.e.
vertical and conglomerate mergers). It regulates mainly
concentrations that involve the parties with (i) combined market
shares exceeding 15% and/or (ii) market shares or combined market
shares exceeding 20% on vertically related markets.
Assessment of the influence of the concentration mainly includes
determination of relevant markets, analysis of market shares and
level of market concentration, potential anticompetitive effect of
the concentration, factors that may serve as a counterbalance for
anticompetitive effect, and risk of bankruptcy. The AMC on a
case-by-case basis decides whether to
