Comparative Guides
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Results: 4 Answers
Merger Control
7.
Penalties and sanctions
7.1
If notification is mandatory, what sanctions may be imposed for failure to notify? In practice, does the relevant authority frequently impose sanctions for failure to notify?
 
Ukraine
Failure to notify a transaction is punishable by fines of up to 5% of the entity’s turnover in the last fiscal year. If the entity had no income in the last financial year or if it fails to provide information regarding its financial performance at the Anti-monopoly Committee of Ukraine’s (AMCU) request, a fine of up to UAH 340,000 will be imposed.

The AMCU also has the power to calculate a fine based on the financial indicators of the corporate group to which a participant belongs, and not just those of the participant itself.

According to the Competition Law, the AMCU also has the authority to take more extreme measures, including the mandatory demerger or reorganisation of monopolistic business entities. This sanction is not directly related to the transaction and/or its implementation without clearance. The Competition Law further makes this sanction contingent on the company explicitly taking advantage of its monopolistic market status.

For more information about this answer please contact: Igor Dykunskyy from DLF Attorneys
7.2
If there is a suspensory obligation, what sanctions may be imposed if the transaction closes while the review is ongoing?
 
Ukraine
In such cases the AMCU can reduce the imposed sanctions; however, this will depend on the circumstances of the case.

For more information about this answer please contact: Igor Dykunskyy from DLF Attorneys
7.3
How is compliance with conditions of approval and sanctions monitored? What sanctions may be imposed for failure to comply?
 
Ukraine
The AMCU will oblige the participants to submit regular reports on fulfilment of the undertakings. The AMCU also has diverse powers at its disposal, including the power to gather evidence, request information, seize evidence, apprehend subjects and commence examinations.

Failure to notify a transaction is punishable by fines of up to 5% of the entity’s turnover in the last fiscal year. If the entity had no income in the last financial year or if it fails to provide information regarding its financial performance at the AMCU’s request, a fine of up to UAH 340,000 will be imposed.

For more information about this answer please contact: Igor Dykunskyy from DLF Attorneys