Legal support during obtainment AMCU approval for concentration (merger) and concerted actions

KM Partners specialists consult and assist in receiving of approvals and previous conclusions from the Antimonopoly Committee of Ukraine (AMCU) regarding the concentration and concerted actions.

Analysis of the necessity of obtaining AMCU approval for concentration is a compulsory part of planning and structuring of agreements on the transfer of corporate rights. If it is necessary to obtain such approval, our specialists will assist to prepare all required documents, determine company’s future on the market, provide calculations of the gross value of assets and amount of sold products, determine related entities etc. We will also accompany the process of the issuance of such approval, including the preparation of answers on additional requests of the AMCU.

We warn our clients against violations in the area of anticompetitive concerted actions (creation of so called “cartels’’) which are under the strict control of antitrust authorities and can entail fines in the amount of 10% of the revenue from sales of goods for the last year. Concerted actions are usually committed without any formal agreement between the parties, however, in order to establish a violation AMCU authorities could only estimate a complex of secondary features which point out on infringement. Among others it may be an absence of cross-applications during the auction, same format, structure and grammar mistakes in tender offers, similar correlations of proposed prices from various participants in several tenders for different objects, a significant difference between the price proposals of a winner of the tender and offers of other participants (over 10%), the simultaneous registration in the register of tender offers, existence of connections between participants of the tender.

We provide consultations concerning the development of strategies for protection and represent our clients’ interests during the investigations carried out by the AMCU and disputes with competitors.