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Competition Alert

Publication of AMC Decisions

Starting from mid-July 2015, the AMC will publish on its web-site all decisions on/in: merger and concerted practices applications and cases; cases on violation of competition; and unfair competition cases.

Public Consultation on Draft Fining Guidelines

On 21 July 2015 the AMC published on its web-site the draft Guidelines on calculation of fines in competition cases. The document is expected to have recommendatory nature and most notably suggests that: the basis for fine shall be limited to Ukrainian turnover (or other benefits) received in connection with the violation for the period from its commencement to termination or the AMC fining decision; the ceiling for basic amount of fine shall be established at, in particular (in each case within the relevant statutory limit of 10%/5% of group-wide global annual turnover, as applicable): 45% for hard-core concerted practices; 30% for other anticompetitive concerted practices; 15% for abuse of dominance and failure to implement the AMC decision; 5% – in unfair competition and merger cases; certain aggravating (repeat offence, its lasting nature, etc.) or attenuating (voluntary termination of violation, co-operation throughout the AMC investigation, etc.) factors may increase or decrease the fine; the fine for failure to have past transactions cleared shall be limited to approx. EUR 850 provided that a corrective filing is made within the 6-month grace period following publication of the Guidelines (or to approx. EUR 4,250 if such filing is made within a year, but after 6 months as of such publication) – quasi-amnesty; maximum fines envisaged by the Competition Law may be imposed only under exceptional circumstances to achieve deterrence effect.

The AMC reconfirmed its earlier plans to adopt the Guidelines by mid-September 2015.

Limiting Disclosure Requirements in Merger Filings

The authority also announced its plans to shorten the extensive list of documents and information which filing parties are now required to submit under the Merger Regulation.

 

For further information please contact Asters\' partners Igor Svechkar and Alexey Pustovit.

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