Starting from today, the amount of information which needs to be submitted in order to apply for a Ukrainian antitrust clearance is significantly reduced.
In particular, the following new rules will apply:
- the parties will only have to provide information on their activities on the relevant Ukrainian markets (and not all markets where they are active);
- in terms of foreign group companies, the parties will only have to provide information regarding those companies which are active in Ukraine;
- there will be no requirement to provide any information regarding the foreign companies in which the parties only hold minority interests; and
- there will be a short-form application available for transactions which qualify as "simple cases".
The only significant downside of the new rules is that the transactions which do not qualify as "simple cases" will require in-depth marketing research to prove that they raise no competition concerns in Ukraine. The research can be made either by the applicants, or by independent consultants.