Ukrainian merger control changes comfort and confuse

Author: Tom Young | Published: 17 Feb 2016

Ukraine has amended its merger control regime with the aim of shortening the review process. Though the changes are welcomed, counsel are confused by the retention of the seller’s assets and turnover in the merger review test.

On January 26 the Ukrainian Parliament passed the new competition act, which is awaiting sign off from the country’s president. The changes are due to come into force before the end of April.

The amendments are expected to shorten the merger control review process, with foreign-to-foreign transactions likely to benefit from the overhaul.

But some unnecessary hurdles remain. The law continues to lack a second domestic turnover threshold and crucially, still includes the seller's assets...