ORDER OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

of June 21, 2016 No. 14-rp

About approval of Changes in Regulations on coordinated actions and Regulations on concentration

According to Item 11 parts three of article 7 of the Law of Ukraine "About the Antimonopoly Committee of Ukraine" and for the purpose of reduction of regulatory legal acts of the Antimonopoly Committee of Ukraine in compliance with the legislation, in particular the Law of Ukraine of January 26, 2016 No. 935-VIII "About introduction of amendments to the Law of Ukraine "About protection of the economic competition" on increase in system effectiveness of control of economic concentration", the Antimonopoly Committee of Ukraine decided:

1. Approve Changes in Regulations on procedure for filing of applications in the Antimonopoly Committee of Ukraine about provision of permission to coordinated actions of subjects of managing (Regulations on coordinated actions) approved by the order of the Antimonopoly Committee of Ukraine of February 12, 2002 No. 26-r registered in the Ministry of Justice of Ukraine on March 7, 2002 at No. 238/6526, which are applied.

2. Make changes to Regulations on procedure for giving and consideration of the applications on preliminary receipt of permission of the Antimonopoly Committee of Ukraine to concentration of subjects of managing (Regulations on concentration) approved by the order of the Antimonopoly Committee of Ukraine of February 19, 2002 No. 33-r registered on March 21, 2002 for No. 284/6572, having been reworded as follows it which is applied the Ministry of Justice of Ukraine.

3. Submit to legal management this order on state registration in the procedure established by the legislation.

4. This order becomes effective from the date of its official publication.

5. Control over the implementation of this order to assign to the First Deputy Chairman of the Antimonopoly Committee of Ukraine - the state representative M. Nizhnik.

Approved by the Order of the Antimonopoly Committee of Ukraine of June 21, 2016 No. 14-rp

Changes in Regulations on procedure for filing of applications in the Antimonopoly Committee of Ukraine about provision of permission to coordinated actions of subjects of managing (Regulations on coordinated actions)

1. In Item 2.2 of Chapter 2 of the word", and also the conclusions about need of receipt of consent to the specified actions without carrying out additional research" to exclude.

2. To state paragraph two of Item 6.1 of Chapter 6 in the following edition:

"The state representative of Committee, the chairman of territorial department of Committee or on their order employees of Committee, territorial department of Committee hold preliminary consultations concerning information and documents necessary for consideration of the corresponding statement, including on correction of possible shortcomings of the submitted application, during the term established by paragraph one of this Item.".

3. In Chapter 8:

1) the first offer of paragraph one of Item 8.8 to state in the following edition:

"In case of identification of the bases on which the body of Committee cannot provide permission to coordinated actions of change in coordinated actions, relevant organs of Committee begin consideration of the case about coordinated actions about what the order is accepted and person who submitted the application is in writing notified.";

2) in Item 8.13:

shall be replaced with words the words "about lack of negative effects" "about lack of negative effects, or offers on obligations which participants of such coordinated actions eliminating negative impact of coordinated actions on the competition are ready to undertake and allow body of Committee to make the decision on provision of permission to coordinated actions.";

add Item with new paragraphs of the following content:

"The obligations undertaken by participants of coordinated actions shall be pro rata to reasonable threats of negative impact on the competition of the declared coordinated actions, and requirements for ensuring control over the implementation by participants of coordinated actions of the undertaken obligations shall not be excessive.

For the purpose of approval of indispensable obligations and requirements which will cause the decision of body of Committee on provision of permission to coordinated actions bodies of Committee and participants of coordinated actions hold the corresponding consultations.

Time of carrying out and the list of participants of consultations is determined by the state representative. Applicants, employees of Committee and in the absence of objections of applicants other interested persons take part in consultations.".

Approved by the Order of the Antimonopoly Committee of Ukraine of February 19, 2002 No. 33-r

(in edition of the Order of the Antimonopoly Committee of Ukraine of June 21, 2016 No. 14-rp)

Regulations on procedure for giving and consideration of the applications on preliminary receipt of permission of the Antimonopoly Committee of Ukraine to concentration of subjects of managing

I. General provisions

1. This Provision is developed according to the Laws of Ukraine "About protection of the economic competition", "About the Antimonopoly Committee of Ukraine", "About lease of the state-owned and utility property" for the purpose of prevention of monopolization of the goods markets, abuse of the monopoly (dominating) position, competition restriction.

2. This Provision establishes procedure for filing of applications in the Antimonopoly Committee of Ukraine (further - Committee) about preliminary receipt of permission of Committee or Administrative board of Committee to concentration of subjects of managing, and also their consideration and receipt of the conclusions concerning concentration of subjects of managing.

3. Terms are used in this Provision in the following values:

administrative board of Committee - permanent administrative board of Committee, temporary administrative board of Committee;

the vertical relations (between participants of concentration) - the relations between participants of concentration, one of whom acts on commodity markets, production and/or realization of which requires use of the goods which are traded on the markets on which other participant of concentration acts;

conclusions - preliminary conclusions concerning concentration, including lease, financial leasing, concession; conclusions to the lessor about possibilities of lease and provisions of the lease of complete property complex of the company or its structural division which is in the state-owned, utility property or belonging to the Autonomous Republic of Crimea;

the horizontal relations (between participants of concentration) - the relations between participants of concentration which compete or have opportunity to compete among themselves in the same goods market;

the state representative - the state representative of Committee;

permission - permission of bodies of Committee to concentration;

the economic competition (competition) - competitions between subjects of managing for the purpose of obtaining thanks to own achievements of benefits over other subjects of managing owing to what consumers, subjects of managing have opportunity to choose between several sellers, buyers, and the certain subject of the state can determine conditions of turnover of goods in the market;

the involved market of goods (goods market) - the market of goods (goods market) in which occurs or which concentration of subjects of managing, with certain commodity and geographical limits according to the Technique of determination of the monopoly (dominating) position of subjects of managing in the market, Ukraine approved by the order of the Antimonopoly Committee of March 05, 2002 No. 49-r registered in the Ministry of Justice of Ukraine on April 1, 2002 at No. 317/6605 influences or can affect;

the statement - the statement for provision of permission or conclusions;

applicants - public authorities, local government bodies, bodies of administrative management and control, the lessee, the receiver of financial leasing, the concessionary, the lessor, subjects of managing, physical persons and legal entities which within the powers make the decision on concentration or perform concentration;

information - data in any form and type and kept on any carriers (including correspondence, books, notes, illustrations (cards, charts, organogramma, drawings, schemes, etc.), photos, holograms, film, video, microfilms, sound records, databases of computer systems either complete or partial reproduction of elements), explanations of persons and any other publicly announced or documentary data;

the final beneficial owner (controller) - the physical person which irrespective of formal ownership has opportunity to perform decisive influence on management or economic activity of the legal entity is direct or through other persons. At the same time person having the formal right to 25 or more percent of the authorized capital or voting power in the legal entity cannot be the final beneficial owner (controller), but is agent, the nominee holder (nominee holder) or is only intermediary concerning such right;

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