The AMC completed revision of its procedural rules on merger
notifications. The new Merger Regulation significantly reduces
disclosure requirements and simplifies filing forms, especially for
mergers with no or limited overlaps.
Most notable changes eliminate the requirement to provide:
detailed information on non-relevant
markets – instead, the parties will only have to give a
summary of such other activities;
the list of all group subsidiaries
– now, only the Ukrainian ones and those with Ukrainian
turnover need to be listed;
the list of minority
detailed information on the
officers/directors and relatives (subject to conditions);
some of the documents to be filed
along with the notification.
On the other hand, the AMC intends to more thoroughly analyze
information on the financing of notified transactions and the
filers' ownership structure. Furthermore, to obtain clearance
for transactions potentially raising competition concerns, the
filling parties will be required to provide more extensive and
substantiated explanations based on the economic analysis.
Besides lifting an enormous administrative burden for regular
filers, simplified procedural rules are also expected to facilitate
the amnesty exercise which is available until 15 September 2016 for
mergers that were closed without clearance before 15 September
The new Merger Regulation will enter into force on 19 August
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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