Answer ... The parties can negotiate remedies to address possible competition concerns. A wide range of such measure may be proposed; however, the remedies will additionally be tested for compliance with the concerted actions prohibition.
There are three general types of remedies:
- removal of links with competitors;
- divestment; and
- other remedies (access remedies and behavioural remedies).
The general rule in assessing potential remedies is whether the remedy is suitable to address a specific competition concern.
Answer ... There is no legally regulated procedure for the proposal of remedies. If the Anti-monopoly Committee of Ukraine (AMCU) establishes grounds for prohibiting the transaction, it will inform the participants accordingly and give them 30 days to propose undertakings to eliminate or mitigate the competition concerns of the AMCU. The undertakings assumed by the participants should be proportionate to the reasonable threat of the negative impact on competition. The undertakings may be negotiated between the AMCU and the participants.
The AMCU’s decision to clear the merger may be made conditional on implementation of the undertakings. Such undertakings may relate, in particular, to restrictions on the management, use or disposal of property, as well as to obligations to dispose of property. Remedies may be proposed at any time during the review process until the AMCU has issued its decision.
Answer ... The law does not distinguish between national and foreign-to foreign mergers in this regard.