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What form should merger control notification take in the Ukraine and what content is required?
The Concentrations Regulation sets the form for notification. Certain data must also be submitted in electronic form using special software developed for that purpose by the Anti-monopoly Committee.
The notification must include the following:
- a detailed outline of the transaction structure, indicating the transaction stages, financial aspects of the transaction and the applicable timeline;
- the respective groups’ composition and a brief outline of their worldwide activities;
- detailed information on the parties’ activities in the Ukrainian markets, including:
- the details of any parties which are active in (ie, selling to) Ukraine;
- supply volumes per market;
- market shares (with calculations if available, or at least estimates); and
- the names and contact details of customers, competitors and suppliers in all markets in which the respective parties are active in Ukraine (including those which may be not relevant to the transaction); and
- a detailed description of relevant Ukrainian markets and the anticipated effect of the transaction in Ukraine (although it may be possible to negotiate some limitation of information on non-relevant markets).
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