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Merger control (Duration (Simplified procedure - 25 days (only one of the…
Merger control
Duration
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Further investigation (phase II) - 90 days, however, it may be prolonged
Clearance process
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Phase II
If phase I does raise concerns, the merger will be subject to a more thorough analysis in phase II
AMCU
In exceptional cases, when the Committee refuses to clear the merger, parties may apply for clearance directly to the government of Ukraine
Publicity
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The parties should always ask the committee, in writing, to keep the details of the merger confidential, allowing disclosure only of general info that does not contain any sensitive data
Methodology
Committee evaluates market data provided by companies and compares it with national market statistics data and, where necessary, requests additional info
EU case law is not binding but Committee considers it and uses a similar methodology and approach for a number of industries
National security
Committee shall refuse to review the merger clearance application in case the anticipated merger is prohibited in accordance with provisions of the Ukrainian Sanctions Law
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