The list of actions having signs of concentration is stipulated by Article 22 of the Law of Ukraine №2210-III “On the Protection of Economic Competition” as of 11.01.2001. The notion of “economic concentration” is interpreted as the merger of economic entities and market assets, resulting in the monopolization of product markets.
Since M&A contracts lead to concentration, after concluding such agreements it is necessary to undergo a concerted actions procedure in the Antimonopoly Committee of Ukraine, and if the thresholds set in Article 24 of the Law №2210-III are exceeded – obtain authorisation for the concentration. If a law provides an obligation to authorize concentration in the Antimonopoly Committee of Ukraine, but such authorization is not obtained, sanctions in the form of fines are imposed on the business subject. An amount of fine is up to tens of millions UAH.
The list of mergers and acquisition contracts support services of the Attorneys at Law “Bachynskyy and Partners” includes:
- Receiving a preliminary decision from the Antimonopoly Committee of Ukraine concerning a necessity or absence of necessity to obtain authorization for the concentration/concerning a necessity to issue authorization or denial of its issuing;
- Submitting an application along with the set of documents and obtaining authorization for the concentration from the Antimonopoly Committee of Ukraine.