In July 2015, the Antimonopoly Committee of Ukraine (“AMC”) started publishing the full texts of its decisions on-line.
Certain key trends which may be observed on the basis of these recently published decisions are as follows:
– anticompetitive concerted actions by means of data sharing among competitors;
– bid rigging during public procurement tenders;
– abuse of dominant market position (principally by means of charging excessively high prices); and
– unfair competition by means of providing false statements in advertisements.
– if a company decides to “come clean” to the AMC and proceeds with an amnesty filing, it should normally be prepared to obtain clearances for all future concentrations where a Ukrainian clearance is formally required (otherwise there is less rationale for proceeding with an “amnesty” filing);
– however, the newly introduced thresholds remain low, which means that, for many international companies, a large number of foreign-to-foreign concentrations would trigger notification obligations in Ukraine; and
– as a result, such companies may take a decision not to proceed with “amnesty” filings since they do not plan to obtain clearances in Ukraine until the notification thresholds are raised to more acceptable levels and certain other changes are introduced (mainly removal of the requirement to aggregate the Target’s turnover with that of the Seller’s group when determining turnover thresholds).
In addition, the “amnesty” route does not reduce the number of documents required for the filing to be made, and this may be an issue for transactions which occurred several years back as it may be difficult to locate all the documents needed for the filing.
If you would like to receive further information in connection with the above, please contact Dmytro Fedoruk or Natalia Gerus.