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:
- 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);