Obtaining Concentration Permit from the Antimonopoly Committee of Ukraine (AMCU)

In the current dynamic economic and entrepreneurial environment, obtaining a concentration permit from the Antimonopoly Committee of Ukraine (AMCU) is crucial. This stage is key to ensuring a fair and competitive market environment where companies can carry out strategic mergers and coordinate their actions. In this context, it is important to consider the procedure for obtaining a concentration permit from the AMCU step by step, defining the key stages and requirements that businesses face in this process.

The Importance of a Concentration Permit for Your Company: Benefits and Limitations

Obtaining a concentration permit from the Antimonopoly Committee of Ukraine (AMCU) holds great significance for a company planning strategic mergers or concentration with other enterprises. This permit is a crucial step that allows avoiding violations of antimonopoly legislation and ensuring the preservation of a competitive environment. Let’s explore the benefits and limitations of obtaining a concentration permit for a company, as well as key aspects to consider before applying to the AMCU.

Benefits of obtaining a concentration permit:

• Legality and trust among stakeholders.
• Protection against sanctions.
• Maintaining competitiveness in the market.

Limitations of obtaining a concentration permit:

• AMCU may impose restrictions or conditions that a company must adhere to after obtaining the permit to prevent monopoly and maintain competitiveness.
• The permit acquisition process may take time, potentially leading to delays in implementing concentration plans and strategic initiatives.
• If the permit is not granted, it may adversely affect the company’s market strategy and growth opportunities.

Business Concentration: What You Need to Know Before Applying to the AMCU

Before submitting an application to the Antimonopoly Committee of Ukraine (AMCU) regarding business concentration, it is essential to:

• Determine whether you fall under the definition of concentration and consider criteria such as turnover and market share.
• Ensure proper completion of the application and attach all mandatory documents, such as articles of incorporation and financial reports.
• Adhere to the prescribed deadlines for application submission to expedite the review process.
• Evaluate the impact of concentration on the market and identify measures to ensure competitiveness.
• Consider engaging legal and economic consultants for expert support.

Conditions and Requirements for Obtaining a Concentration Permit in Ukraine: Legislation

Obtaining a concentration permit in Ukraine is regulated by the Law of Ukraine “On Protection of Economic Competition,” which defines:

• Various forms of concentration, such as business mergers, acquisition of management rights, and more.
• Parameters, such as the total turnover of all participants in the concentration within the territory of Ukraine, which are crucial for determining the need for a permit.
• Assessment of the impact on competition.
• The permission of the Antimonopoly Committee.

List of Documents Required for Obtaining a Concentration Permit

Before commencing the process of obtaining a concentration permit, you need to prepare the following documents:

• Concentration application.
• Copies of the articles of incorporation of concentration participants.
• Financial reports of participants for the last fiscal year.
• Documents confirming the legitimacy of the applicant’s representative.
• Other documents providing detailed information about the concentration.

Judicial Appeal of a Refusal to Grant a Concentration Permit: Legal Aspects

In case of a refusal to grant a concentration permit, the applicant has the right to challenge the decision in administrative court. The judicial appeal is based on violations of antimonopoly legislation and insufficient motivation for the refusal. Before proceeding with judicial appeal, it is important to:

• Carefully examine the grounds for refusal and compare them with legal requirements.
• Develop a well-founded appeal statement, pointing out violations of the law and demonstrating the inadequacy of the refusal’s justification.
• Engage qualified lawyers, such as Dextra Law specialists, who have experience in antimonopoly law to successfully represent the applicant’s interests.

Cooperation with the AMCU During the Review of a Concentration Permit Application: Achieving a Positive Decision

To obtain a positive decision from the Antimonopoly Committee of Ukraine during the review of a concentration permit application:

• Maintain open cooperation and provide accurate information.
• Argue how the concentration will positively impact the market and consumers.
• Ensure effective communication and readiness to answer questions.
• Engage legal experts to ensure document accuracy and compliance with the law.
• Adhere to deadlines and demonstrate responsibility.

Engaging Dextra Law experts will significantly facilitate the process of obtaining a concentration permit and ensure the successful completion of all procedure stages. Therefore, if you need assistance from top specialists, do not hesitate to contact us.