On 30 March 2022, the Antimonopoly Committee of Ukraine (AMCU) published guidance on the consideration of applications for merger clearances and concerted actions as well as the fines for failure to obtain the relevant clearance.
According to the guidance, despite the fact that martial law constitutes a force majeure circumstance, business entities are still obliged to clear mergers or concerted actions with the AMCU.
During martial law, the AMCU allows companies to file applications according to a simplified procedure. The list of minimum data and documents to be submitted under the simplified procedure is as follows:
The application and annexes thereto must be sent to the postal address of the AMCU (currently in Lviv). The application may also be sent to the e-mail address of the AMCU. In this case, the application must be certified by an electronic digital signature.
The application must be submitted to the AMCU at least 15 calendar days before the proposed concentration or concerted actions.
The consideration of all submitted applications is suspended until the termination or abolition of martial law. Such applications shall not even be regarded as accepted by the form (such applications shall be considered accepted within 15 calendar days from the date of their receipt in the absence of the AMCU’s comments).
Within three months of the termination or abolition of martial law, applicants must submit to the AMCU any documents and information that are required by law, which were not submitted together with the original application during martial law. After that, the AMC will resume consideration of the application.
Due to the fact that participants may carry out a concentration or concerted actions before obtaining the AMCU’s clearance, the guidance also provides for reduced fines that may be imposed:
The reduced fines shall not apply: