Stakheyeva H. Legal Framework for the Concentration Control in the European Union.

This thesis is a culmination of the author’s research regarding concentration control mechanisms in the European Union. The author starts by analysing the modern legal and institutional framework for concentration control in the EU, determining the impact felt on EU competition law pursuant to the legislative reform in 2004 year and the Lisbon treaty of 2009. Subsequently, the impact of EU law in the sphere of concentration control on third countries was analysed, with a particular focus on Ukraine. The possibility for harmonisation – perhaps even worldwide unification – of competition law was also considered, particularly by means of the possible conclusion of an international treaty on concentration control adopting the international concentration control mechanisms on the basis of the European model. The author draws special attention to issues such as the non-compete clause and merger remedies in the EU. Unlike in the EU, Ukrainian legislation lacks detailed rules on non-compete clauses, as well as on merger remedies in conditional clearance decisions. Therefore, the thesis tackles some of the essential issues which play a vital role in the formulation and subsequent implementation of effective merger remedies in the EU, such as the major principles applicable to merger remedies; rights and role of third parties; the problem of balancing confidentiality against access to information; the advantages and drawbacks of structural and behavioural remedies etc. The author suggests that Ukraine should adopt these detailed rules on merger remedies and non-compete clauses in concentration cases, especially with regards to Ukraine’s impending desire for EU integration and, no less importantly, in order to increase transparency and certainty for business parties as well as for the transactions carried out. With this in mind, the thesis may serve as a guideline for the Antimonopoly Committee of Ukraine in drafting its own specific rules regarding the aforementioned issues.