The Antimonopoly
Committee of Ukraine has moved from Kiev to Lviv after the imposition of
martial law.
As of 8 March,
the national competition enforcer suspended all its merger reviews, antitrust
investigations and state aid cases that had not been resolved by 24 February.
Companies do
not have to comply with existing information request deadlines during this
period, but they must still file merger notifications.
The changes are
expected to last until the end of martial law.
Anecdotally, local
antitrust lawyers are expecting the agency to ‘function’ in this period of relocation
but quite what means remains to be seen.
The agency is
also reported to be trialling a new electronic submission system.
The local law
provides for “tacit consent” in merger reviews. This provides a rule for automatic clearance if
the agency does not start a detailed phase 2 review within 45 days of
notification. It is not clear how this
will operate in the current situation. For now, though, merger notifications are
still required.
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