Belarus merger control (2019)
Produced in partnership with Sorainen
Belarus merger control (2019)

The following Competition guidance note Produced in partnership with Sorainen provides comprehensive and up to date legal information covering:

  • Belarus merger control (2019)
  • 1. Have there been any recent developments regarding the Belarusian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Belarus?
  • 2. Under Belarusian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Ministry of Antimonopoly Regulation and Trade?
  • more

A conversation with Maksim Salahub, partner, and Viktoryia Mikhnevich, senior associate in the Minsk office of regional law firm Sorainen, on the key issues on merger control in Belarus.

NOTE—to see whether notification thresholds in Belarus and throughout the world are met, see Where to Notify.

Note—in some languages, Belarus can be known as 'White Russia'. For example, Belarus can be known as 'Weiẞrussland' in German, although officially it is known as Belarus. Likewise, Belarus is known as 'Wit-Rusland' in Dutch

1. Have there been any recent developments regarding the Belarusian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Belarus?

In the beginning of 2018 a new version of the Law on Countering Monopolistic Activity and Development of Competition (the 'Law') was adopted–this entered into force on 3 August 2018 replaced the previous law (which had entered into force on 1 July 2014). The new version of the Law retained the essential provisions of the previous law and introduced changes to the grounds and the notification thresholds for merger clearance procedure (with the value of the thresholds doubling and applying to either the target or the acquirer, as well as introducing an additional threshold so that a notification is required where either party holds a dominant position).