The Verkhovna Rada of Ukraine adopted a law designated to ensure transparency of the Antimonopoly Committee of Ukraine. In particular, the following information now will be published within 10 working days:
- on decisions as per applications for concentration and concerted actions;
- on commencement and results of the consideration of cases on concentrations/concerted actions;
- on decisions on the results of consideration of cases on antitrust violations, in particular unfair competition investigations.
Such decisions will be published on AMCU official website in full, except for restricted information. The law will come into force upon signature by the President, three months after its official publication.
The publication of AMCU decisions is one of Ukraine's commitments under the EU-Ukraine Association Agreement. It should be noted that even before the adoption of this law AMCU in fact began to publish its decisions starting from mid-July this year. Text of the decisions are available at http://www.amc.gov.ua.
In addition, today the Parliament passed in a first reading two other draft laws as a part of the antimonopoly reform: on the calculation of fines for violation of the antitrust laws and on merger control.
The draft law on merger control provides for a significant increase of thresholds for obtaining permits and changing the principle of their calculation, as well as the exclusion of the market share as a criterion for the requirement to obtain permits. The draft law also intends to introduce a fast-track procedure (25 days instead of 45). Also, the fee for submission of the applications for concentration and concerted actions will be increased 4 times (up to UAH 20,400 and UAH 10,200, respectively).
We hope that the above information will be helpful for you. Please do not hesitate to contact us, should you have any questions.