On December 15, 2017, the Antimonopoly Committee of Ukraine (AMCU) published the draft Guidelines on the Assessment of Non-Horizontal Mergers (Draft). The Draft clarifies AMCU’s approach to assessing non-horizontal mergers in respect to their impact on market competition.
The Draft is issued in compliance with the requirements of Art. 255(6) of The Ukraine – European Union Association Agreement to ensure consistency and legal certainty of non-horizontal mergers assessment. The Draft essentially incorporates the European experience in assessing non-horizontal mergers, as it is modeled as per the Guidelines on the assessment of non-horizontal mergers, issued by the EU Commission.
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