Merger clearance and antitrust investigations
We analyse whether clearance from the Antimonopoly Committee of Ukraine is needed in M&A deals, prepare applications for concentrations and concerted actions and support their review through to the decision of the Committee. We represent companies in cases on abuse of a dominant position and anticompetitive concerted actions, and challenge decisions and fines of the Antimonopoly Committee in court, including with a stay of enforcement.
Clearance for concentrations from the Antimonopoly Committee
Analysis of whether clearance is needed in M&A deals, preparation and filing of applications for concentrations and concerted actions. Support of the review and communication with the Committee through to the decision.
A breach of competition law may result in significant fines, a forced revision of corporate decisions or the blocking of strategic deals.
The PROCTOR team supports concentrations, concerted actions, questions of dominance and interaction with the Antimonopoly Committee of Ukraine.
We assess not only the legal side of the question but also the effect of regulatory decisions on the market, on the competitive environment and on the further development of the business of the client.
Defence in investigations by the Antimonopoly Committee
Representation of companies in cases on abuse of a dominant position and anticompetitive concerted actions: preparation of explanations, participation in hearings, work with the economic analysis of the market.
Challenging decisions of the Antimonopoly Committee
Court challenges to decisions of the Committee imposing fines and finding breaches. A stay of enforcement of decisions for the duration of the proceedings and a reduction of the sanctions.
How a case before the Committee runs
From checking whether clearance is needed to a decision of the Antimonopoly Committee or its review in court.
01
Thresholds and risk assessment
We check whether the deal falls under mandatory clearance and whether the Committee would see signs of an infringement in the conduct of the company. The client gets an opinion before the first steps.
02
Market analysis and data
We calculate shares, the boundaries of the product market and the effect of the deal on competition, gathering data from the company and from open sources. The figures become the basis of the filing.
03
Filing with the Committee
We prepare an application for a concentration or concerted actions, or explanations in a case, with a full set of annexes, and file it with the Committee within the statutory deadline.
04
Support of the review
We answer requests from the Committee, take part in hearings and build a negotiating position. The aim is clearance, closure of the case or the smallest possible sanctions.
05
Court challenge to the decision
If the Committee has imposed a fine or found an infringement, we challenge the decision, obtain a stay of enforcement for the proceedings and a reduction of the sanction.
Formats of work in cases before the Committee
We choose by whether one deal needs checking or a defence in an investigation with a continuation in court.
Check on clearance need
We analyse the structure of the deal and the figures of the parties and answer whether clearance from the Committee is needed and on what scenario to obtain it. The result is a written opinion.
Support of a merger filing
We run the clearance of the deal from the gathering of data to the decision of the Committee: the application, the annexes, replies to requests and communication throughout the review.
Investigation and court defence
We represent the company in a case on abuse or concerted actions from the first request to the decision, and where needed challenge the fine in the courts of all instances.
