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What are the potential outcomes of the merger investigation? Please include reference to potential remedies, conditions and undertakings.
The Anti-monopoly Committee of Ukraine (AMC) can make a clearance decision conditional on the parties' undertaking to perform – or refraining from performing – certain actions aimed at removing or mitigating the negative impact of the concentration on market competition, which may be structural (eg, divestitures) or behavioural (eg, restrictions on the use or management of certain assets or price increases).
In practice, remedies applied by the AMC are usually behavioural and conditional clearances often include reporting requirements allowing the authority to better monitor compliance with the remedies.
If the AMC finds any grounds for a merger to be prohibited, it will inform the parties of these grounds and the parties in turn can propose remedies to the AMC within a 30-day period (extendable on the parties’ request). The AMC must also carry out consultations with the parties, in order to agree the terms and conditions of the remedies.
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