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9 March 2022

The Antimonopoly Committee of Ukraine partially suspends its operation amid the Russian war in Ukraine

On 7 March 2022, the Antimonopoly Committee of Ukraine (AMC) announced that it suspended consideration of applications and cases until the martial law is revoked.

The suspension concerns all active applications and cases as of 25 February 2022, including:

  • applications and cases on violation of competition laws,
  • applications on unfair competition,
  • applications and cases on mergers and concerted practices,
  • preliminary conclusions on mergers and concerted practices,
  • applications for reconsideration of the AMC’s decisions,
  • applications, letters of clarification regarding state aid,
  • complaints regarding violations of public procurement legislation.

The AMC also suspends publication of decisions regarding complaints on violations of public procurement legislation.

Deadlines for response to the AMC’s requests that fell on 25 February 2022 or later are suspended as well.

Importantly, Ukrainian competition laws provide for silent approval (tacit clearance) of merger and concerted practices if the AMC does not prohibit them within the statutory review period. No comments on the implication of this rule in view of the current suspension have been rendered by the AMC officially. We will continue to monitor the AMC’s practices in this regard.

Our team stays in constant touch with AMC’s officials and is ready to provide advice on peculiarities of the AMC’s suspension regime and offer practical solutions to our clients on case-by-case basis.

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