Stricter requirements for merger filings in Ukraine

02.02.2011

Dear clients/colleagues,

The Order of the Antimonopoly Committee of Ukraine dated December 21, 2010, NÓ. 682-p, amending the Regulation on the Rules for Submission of Applications to the Antimonopoly Committee of Ukraine for the Preliminary Approval of a Concentration of Undertakings, has come into effect.

The Order introduces a new electronic form of merger application without changing the scope of the currently required information and documents as well as paper form of application.

Applicants are now obliged to provide an electronic copy of a merger filing in a special format prepared with the use of software available from the web site of the Antimonopoly Committee of Ukraine. Although this requirement is similar to the replaced requirement of provision of a copy of the application in excel format, practical implications of the novelty should have a far-reaching effect.

The new format of the electronic application should allow the Antimonopoly Committee of Ukraine to automate the review process and create an electronic database for concentrations. It is expected that the Antimonopoly Committee of Ukraine, having the technical capabilities for automated comparison of information provided in different applications, will in future pay more attention to possible discrepancies in notifications. In particular, the Antimonopoly Committee of Ukraine may toughen its current practice of checking possible violations of Ukrainian merger control requirements which were committed in the past by applicants or companies connected to them by control relations.

For more information please contact Alexey Pustovit at apustovit@konnov.com