• Merger Control - Managing Competition
  • December 6, 2012
  • Law Firm: Sayenko Kharenko - Kyiv (Kiev) Office
  • The Ukrainian merger filing requirement is triggered by the mere consummation of a transaction which constitutes a qualified ‘concentration’ capable of influencing economic competition in Ukraine. Under the Ukrainian competition laws, a ‘concentration’ is considered to occur, in particular, when one or more undertaking directly or indirectly purchases or otherwise acquires such number of shares (or other equity interest) in ownership or management (e.g. use) that allows the acquirer to reach or exceed, when combined with all of the acquirer’s prior shareholdings, a 25% and/or 50% threshold of votes in the target undertaking’s highest body. The criterion that a particular concentration (including foreignto-foreign transactions) is capable of influencing economic competition in Ukraine, thus, requiring prior approval of the Antimonopoly Committee of Ukraine (the “AMC”), is satisfied if all of the following financial thresholds are met or exceeded: