More than a year has passed since the Antimonopoly Committee of Ukraine (AMCU) completed its first investigations into the Ukrainian pharmaceutical market. However, it has recently struck another blow yet again and, one should say, with renewed vigour. The first companies that fell under antitrust sanctions were Alcon and distributors (Alcon case). The AMCU passed…

In late October 2017 the AMCU approved the Typical Requirements for Vertical Concerted Actions of Business Entities (hereinafter – the Typical Requirements). The development of the document was due to the commitments undertaken by Ukraine in accordance with the EU-Ukraine Association Agreement. Prior to the adoption of the Typical Requirements the issues of the AMCU’s…

The Antimonopoly Committee of Ukraine (‘the AMCU’) has recently completed complex research into the national tobacco market. The market research was triggered by the investigation against ‘TEDIS’ (‘Company’), which has a monopoly on the market of cigarette distribution in Ukraine. The study started back in 2015 and resulted in the Company being fined for approximately…

On 30 December 2016, the Antimonopoly Committee of Ukraine (AMC) published a report on its inquiry into State support measures in the energy sector. With a 2 August 2017 deadline just around the corner, the report provides timely information on possible State aid issues in the Ukrainian coal and related energy sectors. In particular, while…

On 28 October 2016, the Antimonopoly Committee of Ukraine (AMC) fined seven companies, including Shell and SOCAR, a total of approx. EUR 7 million for alleged concerted practices. The AMC decision comes after investigation finding that the road fuel companies were tacitly coordinating prices from 2013 to 2016. The allegations base on ‘parallel behaviour’ observed…

On 28 November 2016 the Antimonopoly Committee of Ukraine (AMC) launched public consultations on the draft Horizontal Merger Guidelines. The AMC invites to submit comments to the draft by 7 December 2016. The draft Guidelines, prepared in cooperation with the Competition Council of the Republic of Lithuania, Bundeskartellamt and the US Federal Trade Commission, are modelled after…

  Given the very low notification thresholds in Ukraine, which caught even foreign-to-foreign transactions that in the majority of cases raised no antitrust concerns and did not have local nexus, a number of parties skipped local notification and breached the law. In some cases the agency has pursed companies for failure to notify, and these…

Under the EU-Ukraine Association Agreement (Association Agreement), Ukraine is required to roll out state aid regulation in convergence with the EU acquis. The European-style regulation – to be effective from 2 August 2017 – will be based on the Association Agreement itself, the Law of Ukraine on State Aid to Undertakings No. 1555-VII of 1…

On August 19, 2016 the new Merger Regulation was adopted in Ukraine. This step is the next improvement after increasing notification thresholds aimed at improving merger control regime effectiveness in Ukraine. The key novelties of the new Merger Regulation include: introduction of requirements to applications within the simplified procedure adopted in May 2016; introduction of…

On March 18, 2016 the new law increasing notification thresholds (former draft law 2168a) was officially published. The law is expected to become effective on May 18, 2016. The current financial thresholds test has been substituted by the two new alternative ones (either A or B): Current financial thresholds to be met cumulatively (1+2+3) Expected…