WHAT TRIGGERS THE FILING REQUIREMENT? WHAT ARE THE
JURISDICTIONAL THRESHOLDS?
The Ukrainian merger filing requirement is triggered by the mere
consummation of a transaction which constitutes a qualified
'concentration' capable of influencing economic competition
in Ukraine. Under the Ukrainian competition laws, a
'concentration' is considered to occur, in particular, when
one or more undertaking directly or indirectly purchases or
otherwise acquires such number of shares (or other equity interest)
in ownership or management (e.g. use) that allows the acquirer to
reach or exceed, when combined with all of the acquirer's prior
shareholdings, a 25% and/or 50% threshold of votes in the target
undertaking's highest body. The criterion that a particular
concentration (including foreignto- foreign transactions) is
capable of influencing economic competition in Ukraine, thus,
requiring prior approval of the Antimonopoly Committee of Ukraine
(the "AMC"), is satisfied if all
