Merger control: revisiteing of the need for clearance with the antimonopoly authority the amends to the charter of the corporation

Abstract

In the article, the author analyzes the issue of whether the actions of the corporation’s participants to change its charter in order to redistribute corporate control over it fall under the merger control. This issue is relevant because there is no unambiguous answer to it both in legislation and in law enforcement practice. The author, analyzing the provisions of the current legislation and the practice of the antimonopoly service on the coordination of transactions of economic concentration, offers two approaches to solving the identified problem. The article substantiates that the preferred approach is the one that extends the provisions on the merger control to the actions of the participants of the corporation to amend the charter of such a corporation.