HOW TO IMPROVE QUALITY OF PREPARATION OF APPLICATION FOR GRANTING A PERMISSION FOR CONCENTRATION OR CONCERTED ACTIONS?

The AMCU gave the following recommendations.

As for the description of the purpose, economic objectives and expected consequences of the implementation of concentration/concerted actions
In some cases, the applicants wrongly give too brief and vague economic justification. Due to the fact that such information is necessary to assess the concentration/concerted actions, applicants must provide accurate and complete information, regardless of whether the concentration/concerted actions influence market.

As for grounding and designation of restricted information
Provided in the application information may be restricted information. Applicants sometimes abuse rights, noting that all or most of the information is restricted, while only a part of the documents or their fragments is restricted.

The person providing the information as restricted information is obliged to specify, what in particular information has limited access, including which documents or parts of documents contain restricted information, and provide justification for attribution it to the restricted information.

As for the differences between the information contained in the application
If participants of concentration provide information that contradicts one another in different parts of the application, the Committee examines this information, which adversely affects the duration of the application consideration.

Specifying the activities carried out in fact by parties of the concentration/concerted actions
In some cases, the applicants wrongly give a list of all activities provided in the statutes of participants of the concentration/concerted actions.

As for the power of attorney
If a participant of the concentration/concerted actions appointed and authorized his representative for submission to the Committee, the application shall contain an appropriate power of attorney (original or a duly certified copy). In this case, the power of attorney must contain an indication that the participants of the concentration/concerted actions are responsible for the risk of adverse effects related to the review by the Committee decision taken on the basis of false information submitted by the representative, and also for the submission of such information.

Electronic form of application
With the application the applicant provides digital media, which should include an electronic version of the application, format MS Word, MS Excel (spreadsheet), or PDF (with copy text). Letters and information, which are provided by participants of concentration/concerted actions to the Committee in electronic form during the examination of the application should be sent to concentrations@amcu.gov.ua.

As for the certification of copies of documents
With the application the applicant provides the original documents or copies certified in accordance with the law. Each page of copies should be certified.

As for translation of documents
If the application contains documents in a foreign language, the applicant must provide a translation of documents into Ukrainian or its parts, which are related to the consideration of the application.

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