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Overview of merger control activity during the last 12 months
Vasil Kisil & Partners,
Kyiv, Ukraine, 25 September, 2013
The number of concentrations fi led with the Antimonopoly Committee of Ukraine (the “AMC”) in 2011 was a bit higher than in 2010, but still signifi cantly lower than in 2008 and 2007.
The below statistics clearly evidence that almost all transactions fi led with the AMC were successfully cleared, except for a few transactions that involved market players holding dominant positions in Ukraine, and transactions that might substantially restrict the competition in Ukraine.
In 2011, 52 transactions out of 756 were cleared after a deeper investigation had been initiated by the AMC with respect to the transaction. In practice, the AMC generally initiates deeper investigation if the transaction concerned may potentially negatively affect competition in Ukraine, e.g. when the parties to the concentration have relatively high market shares in Ukrainian markets (e.g. exceeding 15%).
In 171 cases the applications fi led with the AMC for a concentration in 2011 were either returned by the authority or withdrawn by the applicants for their own reasons.
According to the applicable legislation, a transaction prohibited by the AMC may be approved by the Cabinet of Ministers of Ukraine if the parties concerned can prove that the positive effect of the transaction on the public interest is much greater than its negative consequences. However, there were no transactions prohibited either by the AMC or by the Cabinet of Ministers of Ukraine in 2011.
To read the whole article GLI-MC2 Ukraine [PDF]
