- Two foreign groups are merging and neither realised that Ukrainian clearance is required.
- A supplier wants to set minimum resale prices for its Ukrainian distributors.
- A client has received an unannounced visit from Committee officials.
- A joint venture between competitors needs clearance before it can begin operating.
- A competitor is imitating packaging and trade dress in the Ukrainian market.
Overview
The Antimonopoly Committee of Ukraine reviews concentrations on the basis of thresholds that reference worldwide as well as Ukrainian turnover and assets. The practical consequence is that transactions between two foreign groups, with a modest Ukrainian footprint, regularly require Ukrainian clearance. Parties who discover this late find the closing date moving.
Beyond merger control, the Committee is active in enforcing prohibitions on anti-competitive concerted practices, abuse of dominance and unfair competition, and it conducts unannounced inspections. We prepare clearance filings, advise on distribution and pricing arrangements that risk falling foul of the rules, build compliance programmes and defend clients under investigation.
Typical situations
Scope of work
What we do
The matters we handle within this practice. Engagements are usually a combination of several of them rather than a single item.
01
Threshold analysis
Early assessment of whether clearance is required, based on group turnover and asset figures, and identification of the correct filing party.
02
Concentration filings
Preparation and submission of the application, market definition and economic argument, and management of the Committee's information requests.
03
Concerted practices
Clearance applications for arrangements between competitors, joint ventures and cooperation agreements that fall within the prohibition.
04
Distribution arrangements
Review of distribution, agency and franchise agreements for resale price maintenance, territorial restrictions and exclusivity issues.
05
Dominance
Assessment of market position and advice on pricing, discount schemes and refusal to deal where a dominant position may exist.
06
Unfair competition
Advice and representation in disputes over misleading advertising, trade dress imitation and misuse of commercial secrets.
07
Compliance programmes
Internal competition policies, training for commercial teams and pre-clearance procedures for sensitive conduct.
08
Investigations and raids
Immediate support during unannounced inspections, response to information requests and defence in proceedings before the Committee.
How we work
From first call to completion
A predictable sequence with a written output at each stage, so that you always know the position and what it will cost to reach the next one.
01
Screening
Threshold calculation and a clear answer on whether a filing is required, usually within days.
02
Filing strategy
Choice between simplified and ordinary procedure, market definition and the narrative the Committee will be asked to accept.
03
Submission
Preparation of the application with supporting data, and management of the review and any information requests.
04
Clearance
Decision obtained and any conditions implemented; closing may proceed.
Why clients instruct us
Local knowledge, international standards
We work the way our clients' in-house teams and international counsel expect: clear scope, written advice, English-language reporting and no surprises on fees.
- Advice in English, drafted to be usable by a board that does not know Ukrainian law.
- Fee estimates agreed before work begins, with fixed fees where the scope allows.
- A named partner responsible for the matter, not a rotating team.
- Practising in Ukraine since 2003, through every regulatory cycle since.
Questions
Frequently asked
Do we need Ukrainian clearance if neither party is Ukrainian?
Frequently, yes. The thresholds reference the combined worldwide assets or turnover of the parties together with a Ukrainian nexus for at least two of them, or Ukrainian turnover or assets of the target above the domestic threshold. Groups with a Ukrainian distributor, subsidiary or significant export sales into Ukraine are regularly caught.
How long does clearance take?
Under the simplified procedure a decision is ordinarily issued within twenty-five days of a complete filing. The ordinary procedure runs to forty-five days, and where the Committee opens a substantive investigation the period extends by up to three months. Incomplete filings do not start the clock, so preparation quality directly affects the timetable.
What happens if we close without clearance?
The Committee may impose a fine of up to five per cent of the group's turnover for the preceding financial year and may require the concentration to be unwound. Fines are imposed in practice, including on foreign groups, and disclosure of the breach is a factor in the amount.
Is resale price maintenance prohibited?
Fixing the price at which a distributor resells is treated as an anti-competitive concerted practice and is enforced against. Recommended prices are permissible provided they are genuinely recommendations, without pressure or incentive structures that make them binding in substance.
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Next step
Discuss your matter with us
Tell us what you need to achieve in Ukraine. The first consultation is free and confidential — we will tell you candidly whether we are the right firm for the task.