Ukraine: Back to normal — Ukrainian competition authority resumes most of its previously suspended activities

01/ 09/ 2022

Listen to online Stop   In brief After resuming consideration of merger control and concerted actions filings, which happened in June, last month, the Antimonopoly Committee of Ukraine (AMC) also decided to resume the consideration of some other types of applications, including, on infringements of the Ukrainian legislation on the protection of economic competition, on unfair competition, on review of the AMC decisions and the letters of clarification on application of state aid legislation. The above means that, as of now, only the consideration of state aid notifications and cases remains suspended. In more detail I. Resumption of merger control and concerted actions applications consideration For the period of martial law, the AMC, among others, has suspended the review of merger control and concerted actions filings, where the final decision was not made on or before 25 February 2022. The respective suspension was implemented by AMCs Decree No.1-rp as of 3 March 2022 On Certain Issues of Organizing the Activity of the Antimonopoly Committee of Ukraine During Martial Law (Decree). In addition, on 30 March 2022, the AMC issued Recommendatory clarifications No. 1-pp (Recommendations) relating to the consideration of new merger control (concentration) and concerted actions applications during the martial law period. Following the adoption of these two documents, on 9 June 2022, the AMC approved the following: Decree On Resumption of Review of Merger Control and Concerted Actions Applications and Applications for Preliminary Conclusions, which amended the Decree Recommendatory clarifications On Resumption of Review of Merger Control and Concerted Actions Applications, which amended the Recommendations The AMC in its press release has clarified what legal regimes will apply to merger control and concerted actions applications submitted within different time periods: Applications submitted before the war and where the final decision was not made on or before 25 February 2022: The review of such applications automatically resumed on 9 June 2022. The parties are not obliged to file any separate application on renewal. Applications submitted from 30 March to 17 June 2022 (inclusive): The Recommendations apply to applications filed during this period. The review of such applications will remain suspended until the parties submit a full set of information and documents required under the law (but no later than three months after the expiration or termination of the martial law). Thus, notwithstanding, the parties may submit all the outstanding information and documents (if any) and request the AMC to renew the review of the respective application before the martial law is revoked. Applications submitted after 17 June 2022: Such applications will no longer benefit from the simplified rules established by the Recommendations. They should be submitted under the regular procedures applicable before the war. In addition to the merger control and concerted actions filings, the AMC also resumed the review of applications for preliminary conclusions regarding concentrations and concerted actions. II. Resumption of other activities of the AMC On 7 July 2022, the AMC adopted the Decree On Resumption of Consideration of Applications for Review of AMC Decisions, followed by the adoption on 19 July 2022 of the Decree On Resumption of Consideration of Applications on Infringements of Ukrainian Legislation on the Protection of Economic Competition, Applications on Unfair Competition and Letters on Provision of Clarifications regarding the Application of State Aid Legislation. Following the adoption of these decrees, the AMC now reviews the respective applications within the deadlines and according to the procedures set out by Ukrainian competition legislation. Thus, despite the wartime and the rather challenging times for Ukraine, the AMC is almost back to normal and is operating in a pre-war mode. As of now, only the consideration of state aid applications and cases remains suspended. III. Other information On 22 July 2022, the AMC adopted the Decree On Introduction of Temporary Restriction on Certain Types of Information. The full text of the respective decree is not available, therefore, it is unclear what types of information it will concern and what persons will be affected. We are closely monitoring all amendments and will update this legal alert as soon as the full text or any changes to the AMCs operation mode will be published. Contacts Oksana Simonova Partner Baker McKenzie   Olga Mikheieva Counsel Baker McKenzie

In brief

After resuming consideration of merger control and concerted actions filings, which happened in June, last month, the Antimonopoly Committee of Ukraine (AMC) also decided to resume the consideration of some other types of applications, including, on infringements of the Ukrainian legislation on the protection of economic competition, on unfair competition, on review of the AMC decisions and the letters of clarification on application of state aid legislation. The above means that, as of now, only the consideration of state aid notifications and cases remains suspended.

In more detail

I. Resumption of merger control and concerted actions applications consideration

For the period of martial law, the AMC, among others, has suspended the review of merger control and concerted actions filings, where the final decision was not made on or before 25 February 2022. The respective suspension was implemented by AMC’s Decree No.1-rp as of 3 March 2022 “On Certain Issues of Organizing the Activity of the Antimonopoly Committee of Ukraine During Martial Law” (“Decree“). In addition, on 30 March 2022, the AMC issued Recommendatory clarifications No. 1-pp (“Recommendations“) relating to the consideration of new merger control (concentration) and concerted actions applications during the martial law period. Following the adoption of these two documents, on 9 June 2022, the AMC approved the following:

• Decree “On Resumption of Review of Merger Control and Concerted Actions Applications and Applications for Preliminary Conclusions,” which amended the Decree
• Recommendatory clarifications “On Resumption of Review of Merger Control and Concerted Actions Applications,” which amended the Recommendations

The AMC in its press release has clarified what legal regimes will apply to merger control and concerted actions applications submitted within different time periods:

Applications submitted before the war and where the final decision was not made on or before 25 February 2022:

The review of such applications automatically resumed on 9 June 2022. The parties are not obliged to file any separate application on renewal.

Applications submitted from 30 March to 17 June 2022 (inclusive):

The Recommendations apply to applications filed during this period. The review of such applications will remain suspended until the parties submit a full set of information and documents required under the law (but no later than three months after the expiration or termination of the martial law). Thus, notwithstanding, the parties may submit all the outstanding information and documents (if any) and request the AMC to renew the review of the respective application before the martial law is revoked.

Applications submitted after 17 June 2022:

Such applications will no longer benefit from the simplified rules established by the Recommendations. They should be submitted under the regular procedures applicable before the war.

In addition to the merger control and concerted actions filings, the AMC also resumed the review of applications for preliminary conclusions regarding concentrations and concerted actions.

II. Resumption of other activities of the AMC

On 7 July 2022, the AMC adopted the Decree “On Resumption of Consideration of Applications for Review of AMC Decisions,” followed by the adoption on 19 July 2022 of the Decree “On Resumption of Consideration of Applications on Infringements of Ukrainian Legislation on the Protection of Economic Competition, Applications on Unfair Competition and Letters on Provision of Clarifications regarding the Application of State Aid Legislation.”

Following the adoption of these decrees, the AMC now reviews the respective applications within the deadlines and according to the procedures set out by Ukrainian competition legislation.

Thus, despite the wartime and the rather challenging times for Ukraine, the AMC is almost back to normal and is operating in a “pre-war mode.” As of now, only the consideration of state aid applications and cases remains suspended.

III. Other information

On 22 July 2022, the AMC adopted the Decree “On Introduction of Temporary Restriction on Certain Types of Information.” The full text of the respective decree is not available, therefore, it is unclear what types of information it will concern and what persons will be affected. We are closely monitoring all amendments and will update this legal alert as soon as the full text or any changes to the AMC’s operation mode will be published.

Contacts