UKRAINE Law and Practice Contributed by: Mykyta Nota and Anton Arkhypov, AVELLUM
AVELLUM 32/2 Kniaziv Ostrozkykh St BC Senator 12th floor 01010 Kyiv Ukraine Tel: +380 44 591 3355 Fax: +380 44 591 3355 Email: info@avellum.com Web: avellum.com
1. Legislation and Enforcing Authorities 1.1 Merger Control Legislation The relevant merger control legislation in Ukraine includes the following: • Law on Protection of Economic Competition (the “Competition Law”); • Law on the Antimonopoly Committee of Ukraine; • Regulation on the Procedure for Considera - tion of Applications and Cases of the Con - centration of Undertakings 2002; • Methodology for Assessment of the Monopo - ly (Dominant) Position of Undertakings on the Market; • Procedure for Calculating the Fines for Viola - tion of Legislation on Protection of Economic Competition (the “Procedure on Fines”); • Guidelines on the Assessment of Horizontal Mergers; • Guidelines on the Assessment of Non-Hori - zontal Mergers; • Guidelines on Definition of Control;
• Guidelines on the Assessment of Joint Ven - tures (the “Guidelines on JV”); and • Guidelines on the Application of the SSNIP test. 1.2 Legislation Relating to Particular Sectors Sanctions Under the Law of Ukraine on Sanctions and the Competition Law, the Antimonopoly Committee of Ukraine (AMC) will reject merger notifications or halt their review if: • any of the parties or undertakings under their control is on the Ukrainian sanctions list; and • a specific sanction applies to the parties or undertakings under their control (eg, a prohi - bition to sell shares or assets). Other Restrictions Foreign companies have limited or restricted abilities to make investments in certain sectors, but such limitations are not related to merger control.
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