UKRAINE Law and Practice Contributed by: Mykyta Nota and Anton Arkhypov, AVELLUM
trust notifications are usually filed and reviewed simultaneously with merger notifications.
The AMC will “market test” remedies offered by the parties. 7.3 Confidentiality On the publication of the AMC’s decisions, see 5.6 Issuance of Decisions . Automatic confidentiality does not apply to any information. However, parties may request con - fidentiality and provide a valid justification for it. In such cases, a non-confidential version of the information must also be provided. If the justi - fication is not satisfactory, the AMC will reject the request for confidentiality. In practice, the AMC typically satisfies confidentiality requests, so commercial information, including business secrets, will be kept confidential. In addition, the notifying parties can request the AMC to review a draft clearance decision to identify any restricted information before the The AMC typically co-operates with other com - petition authorities through bilateral treaties. In addition to exchanging information about ongoing or past cases, the AMC may engage in broader co-operation with these authorities, such as co-operating on updates to competition legislation. The AMC also works with interna - tional organisations such as the Organisation for Economic Co-operation and Development, the UN Conference on Trade and Development, and the International Competition Network. The AMC does not have to seek the parties’ permission to share information with other juris - dictions. However, the AMC should ask for the parties’ permission before sharing confidential information. relevant decision is published. 7.4 Co-Operation With Other Jurisdictions
7. Third-Party Rights, Confidentiality and Cross-Border Co-Operation 7.1 Third-Party Rights During the review process, the AMC may involve third parties such as competitors, suppliers, consumers and experts if the decision on the transaction may significantly impact the rights and interests of such third parties. This typically occurs during Phase II. The AMC operates inde - pendently in making its decision, which is later communicated to the notifying parties. Third par - ties are permitted to submit their observations, specifically regarding the transactions and their impact on the market. These observations are then added to the case as evidence and must be taken into account when the AMC reaches a decision. Third parties have the right to review filing mate - rials (except for confidential information), provide evidence, and submit comments, objections or proposals. Furthermore, they can request a copy of the AMC’s decision regarding the transaction and have the right to appeal against that deci - sion. 7.2 Contacting Third Parties The AMC typically contacts third parties dur - ing the Phase II review by sending out a written request for information or documents. The AMC will set deadlines for provision of the requested information. The AMC may impose penalties on a third party for non-compliance with the request.
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