The Antimonopoly Committee of Ukraine (the AMC) recently adopted
new guidelines on consideration and clearance of mergers amounting
to the establishment of joint ventures (JVs) (the Guidelines). A
document aiming to address the issues facing almost every party to
a transaction that envisaged establishment of JVs and required
clearance in Ukraine has been in the pipeline for quite some time.
During drafting, leading competition law practitioners had a chance
to contribute to it, in order to address issues crucial for their
clients. The Guidelines were adopted by AMC decision on 27
September 2019.
Prior to assessing the Guidelines, it may be helpful to look
again into the law provision that was the reason for adopting the
Guidelines. In particular, according to paragraph 3 of part 2 of
Article 22 of the Law of Ukraine “On Protection of Economic
Competition”, a concentration is amongst other considered to
arise from:
