O
Obtaining the preliminary conclusions from the Antimonopoly Committee of Ukraine
Misechko and Partners represented the interests of two municipal enterprises of the city of Kyiv in the Antimonopoly Committee of Ukraine on the issue of obtaining the preliminary conclusions on the need to obtain a concentration permit in connection with the reorganization of such enterprises, by joining one to another.
The Antimonopoly Committee of Ukraine, based on the results of the examination of the application for the provision of preliminary conclusions, came to the conclusion that there is no need to obtain a permit for concentration in connection with the reorganization of municipal enterprises, by joining one to another, and noted that:
«The applicants, municipal enterprises subordinate to the Kyiv city council, which exerts a decisive influence on the economic activity of enterprises. According to Art. 1 of the Law of Ukraine «On Protection from Economic Competition», control, in particular, is the decisive influence of one legal entity on the economic activity of a business entity, which is carried out thanks to, in particular, the right to own or use all assets and the right that provides decisive influence on the formation composition, and decisions of the management bodies of the business entity. Considering the above, the declared actions take place between business entities that are connected by control relations, and therefore the reorganization of municipal enterprises, by joining one to another, in accordance with Art. 22 of the Law of Ukraine «On Protection from Economic Competition» is not a concentration and does not require the permission of the Antimonopoly Committee of Ukraine».
Legal support of the project has been provided by Volodymyr Misechko.