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The Parliament May Amend the Terms of Obtaining the AMCU's Permission for Concentration

The Draft Law No.2168-1 dated 14 July 2015 "On Amendments to the Law of Ukraine "On Protection of Economic Competition (as regards control over permit activity in the sphere of economic concentrations) was submitted for consideration of the High Council of Ukraine.

The aforesaid Draft Law shall provide for establishing the norm as per which the decision for granting permission for concerted practices or concentration shall be deemed adopted if the Bodies of the Antimonopoly Committee of Ukraine have not detected any grounds for prohibiting and or/ have not commenced examination of the case on concerted practices or concentration within the term for considering applications on concerted practices and concentration stipulated by the Law of Ukraine "On Protection of Economic Competition" (i.e. 30 days and 3 months).

Besides, the Draft Law envisages raising thresholds for the aggregate asset value or the aggregate sales turnover of concentration participants that preconditions necessity for concentration clearance by the AMCU or the Administrative Collegium of the AMCU from EUR 12 000 000 to EUR 35 000 000.

Also, it is suggested that the Draft Law foresees increasing the fee for reimbursement of expenses associated with processing the applications on granting permission for concentration.

In case this Draft Law be adopted, its provisions shall come into legal force on the next day following publication of the Law on introduction of the respective amendments.

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