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ARTICLE · 05 NOVEMBER 2020

Ukrainian Competition Authority Suggested New Merger Control Thresholds

On 28 October 2020, the Antimonopoly Committee of Ukraine (the "AMC") submitted to the Ukrainian Parliament the proposed amendments...

UkraineCorporate/Commercial Law

On 28 October 2020, the Antimonopoly Committee of Ukraine (the "AMC") submitted to the Ukrainian Parliament the proposed amendments to the draft law introducing new merger filing thresholds in Ukraine. The amendments have been developed by the AMC in co-operation with competition law experts from the EU and the USA.

The major changes in the merger control regime proposed by the AMC are as follows:

Re thresholds:

  1. The turnover/assets value of a controlling seller would be excluded when calculating the target's notification thresholds, if control relations between a target and a seller cease to exist after a concentration (currently, the turnover/assets of a controlling seller are taken into account when calculating the merger thresholds of a target even if the seller loses control as a result of the transaction, and the filing may be technically triggered based on a seller only);

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