On November 27, 2012, IV Annual National Forum «Mergers and acquisitions in Ukraine» was held in Kiev. Olena Kochergina, partner at Konnov & Sozanovsky, delivered a report titled "Obtaining clearance from the Antimonopoly Committee of Ukraine for the purchase or lease of an integral property complex".
The main focus of Ms. Kochergina's report was on the AMCU's qualification of an "integral property complex" (IPC), issues related to the obtaining of AMCU's clearance for the acquisition of rights to an IPC and liability for failure to obtain such clearance.
Using this year's purchase of a foreign IPC by foreigners as an example, Olena noted that AMCU's clearance could be required for a transaction taking place in any part of the world if the parties to the concentration meet the financial and market criteria adopted in Ukraine. It was additionally noted that an IPC can be considered to include separate moveable assets providing a complete production cycle as well as real estate. Ms. Kochergina also used examples to illustrate the current tendencies of an increase of liability for failure to obtain the necessary AMCU's clearance.