Comparative Guides

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4. Results: Answers
Merger Control
9.
Tips and traps
9.1
What are your top tips for smooth merger clearance and what potential sticking points would you highlight?
Ukraine

Answer ... It should first be stressed that concentrations are generally allowed in Ukraine. The Anti-monopoly Committee of Ukraine (AMCU) grants clearance in approximately 97% of cases. Clearance is refused extremely rarely and only in cases where there is a serious threat to competition on a particular Ukrainian market.

The main recommendation is to file with the AMCU before execution of the transaction, even if the documentation is incomplete (as missing documents can be submitted later). Otherwise, the AMCU may impose substantial fines, including recognising the transaction as illegal, which in turn may be exploited by competitors.

For more information about this answer please contact: Igor Dykunskyy from DLF Attorneys-at-law
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Topic
Merger Control