OREANDA-NEWS. October 26, 2009. Due to the broad and ambiguous character of existing Belarusian antimonopoly laws, a very wide range of M&A transactions in Belarus has been subject to preliminary clearance by the antimonopoly body.

Subject to clearance are all transactions whereby one party acquires the right to actually determine the target’s conditions of doing business. The size of the target and amount of shares acquired are not of material importance. In the absence of clarification and consistent regulatory and court practice, antimonopoly regulations have added a significant burden to M&A deals involving Belarusian companies.

As of 14 January 2010, transactions that are subject to antimonopoly clearance will be limited to acquisitions of shares amounting to at least 20% of the authorized capital of the target. Additionally, either the assets of the target should exceed 100 000 basic units (about EUR 870,000) or the turnover of the target in the year preceding the transaction should exceed 200,000 basic units (about EUR 1,740,000).

The changes were introduced by Edict of the President No. 499.