Ukrainian Merger Control: Notification Thresholds Increase

Vol. 43 No. 1

By

Ukraine is currently a few steps away from the long-awaited development in its antitrust rules, namely, the upcoming adoption of amendments to the Law of Ukraine “On Protection of Economic Competition.” These amendments suggest the increase of notification thresholds, which require the undertakings to seek preliminary approval from the Antimonopoly Committee of Ukraine (the AMCU) for the contemplated mergers.

The mentioned thresholds are extremely low and thus are the stumbling block of almost each transaction in Ukraine, even foreign-to-foreign ones, regardless of their impact on Ukrainian markets. The thresholds were set in 2001 and have not been amended since then even as economic growth brought an increase in financial indices. Such thresholds are too low for foreign-to-foreign transactions, and this is because of the difference in revenues of foreign business in comparison to Ukrainian business.

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