Ukraine: Merger Control

Following the declaration by the Antimonopoly Committee of Ukraine (AMC) in late 2012 of its revised approach to the fines determination policy for failure to notify the AMC on transactions requiring prior approval, the number of 2013 notified transactions rose to 27 per cent compared with 2011, and was almost on the same level as in 2012. According to the applicable laws, failure to notify the AMC (when it is applicable) may be subject to penalties of up to 5 per cent of the company’s (or group of companies’) worldwide turnover. Continuous AMC declarations on the prevention of prejudicial economic concentrations and the identification of breaches of merger control regulations by market operators have further contributed to the amount of 2013 notified transactions that has almost reached the pre-crisis level.