In Re (#07-08 July-August 2013)

Ukrainian Merger Clearance: Some Gaps which Might be Addressed in Law

Galyna P. Zagorodniuk

Companies with a business presence in Ukraine should be aware of the extraterritorial application of Ukrainian competition law. In simple words foreign-to-foreign mergers could be subject to Ukrainian merger clearance provided at least one of the parties involved has a subsidiary or sales in Ukraine.

Similar to competition laws of some other countries, Ukrainian competition law has extraterritorial application. Even in case neither party to the transaction is a Ukrainian company and the transaction is implemented outside of Ukraine, clearance of the transaction with the Ukrainian Antimonopoly Committee (the AMCU) could be required…

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