UKRAINE Law and Practice Contributed by: Mykyta Nota and Anton Arkhypov, AVELLUM
8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review If the AMC prohibits the concentration, the CMU may still grant clearance. The CMU will clear a transaction if the benefits to the public outweigh the negative impact on competition, except when the restriction is not necessary for the concentration’s goal or it threatens the mar - ket economy system. The parties can also challenge the AMC’s deci - sions in commercial courts. 8.2 Typical Timeline for Appeals The parties can file an appeal to the CMU within 30 calendar days from the decision date. How - ever, there are no publicly available cases where the CMU granted clearance for a concentration that was prohibited by the AMC. The parties can file an appeal to a commercial court within two months of the date of receipt of the decision. Court decisions can be appealed within 20 days. Unsuccessful appeals can be brought to the Supreme Court.
Courts may consider relevant claims as follows: • up to 135 calendar days at first instance; • up to 65 calendar days at appeal; and • up to 80 calendar days at cassation. However, these terms are not always followed due to various administrative reasons. 8.3 Ability of Third Parties to Appeal Clearance Decisions Third parties have the right to challenge a clear - ance decision by the AMC in commercial courts. Only one successful appeal of the clearance decision has been reported so far. However, the court decision to cancel the merger clearance is not yet in force as the first instance court deci - sion is still being appealed.
9. Foreign Direct Investment/ Subsidies Review
9.1 Legislation and Filing Requirements Currently, Ukraine does not have foreign direct investment or foreign subsidies legislation that may require separate filings for transactions beyond what is necessary under merger control law.
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