On 28 October 2020, the Antimonopoly Committee of Ukraine (the “AMC“) submitted to the Ukrainian Parliament the proposed amendments to the draft law introducing new merger filing thresholds in Ukraine. The amendments have been developed by the AMC in co-operation with competition law experts from the EU and the USA. According to the public statements…

On 21 October 2020, during the kick-off event of the EU-funded Twinning Project, the Antimonopoly Committee of Ukraine (the “AMC“) announced that it is preparing the draft law that will introduce amendments to the Ukrainian merger filing thresholds. The AMC will submit the draft law to the Ukrainian Parliament early this November and expects it…

On 31 March 2020, the Ukrainian Supreme Court (the “Supreme Court“) upheld the first decision of the Antimonopoly Committee of Ukraine (the “AMC“) on the unlawfulness of state aid. In November 2018, the AMC recognised as unlawful state aid in the form of subsidies granted by the local government authority to the public utility company…

Following the entry of EU-Ukraine Association Agreement (“Agreement”), Ukraine adopted basic state aid regulations which became effective from August 02, 2017. Bringing Ukrainian state aid regulations in compliance with the EU legislation is expected to come soon to a more definitive stage. Despite the progress made during the first two years when the state aid…

While Ukraine has been making headlines over the past few months with the presidential elections, there have also been several notable news items regarding Ukrainian merger control. At the end of April, two record fines for merger control violations – in the amounts of EUR 1.9 million and EUR 1.8 million – were imposed by…

Background Significant amendments to the Law of Ukraine “On protection of economic competition” came into force on 17 December 2017. The changes are aimed at prohibiting transactions involving persons included in the Ukrainian sanctions list (the Sanctions list). The Sanctions list was introduced by the Law of Ukraine “On Sanctions” following the annexation of Crimea…

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…