| Article | Merger Control Over the Density of Enterprises Under Ukrainian Rules on the Way to the «Europeanization»: Main Drawbacks and Recommendations for Improvement |
|---|---|
| Authors |
Stakheyeva H.
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 6 / 2013 |
| Pages | 104 - 113 |
| Annotation | Irrespective of the fact that the legislation of Ukraine on merger control is to a certain degree «Europeanized», i. e. harmonized with the EU rules, there is some room left for its improvement. Currently the main problem is that the majority of the competition law provisions, in spite of formally being in line with the globally recognized standards, require additional interpretation. There is a need in the increased transparency of the actions/decision making process of the Antimonopoly Committee of Ukraine, which is possible through adoption of special guidelines, which would explain the respective provisions of the law. In particular, this is important in relation to the merger remedies and conditional clearance decisions, as well as non-compete clause, which in most cases constitutes an essential and inalienable part of the concentration between undertakings. In addition, the law of Ukraine should stipulate the AMCU's duty to publish important concentration clearance decisions, which could be considered as precedents for the future cases and for the development of the competition law. |
| Keywords | merger control, harmonization, guidelines, transparency, competition law, the EU. |
| References | |
| Electronic version | Download |