Antitrust legislation in Ukraine

A fine imposed by the Antimonopoly Committee can amount to 10 per cent of a company’s annual revenue for the previous year — not profit, but revenue. For businesses with low profit margins, this means a fine that exceeds their annual profit several times over.

A second key feature is that the AMCU itself conducts investigations, itself makes decisions and itself imposes fines. Defence strategies are not formulated after a decision has been made, but during the investigation — whilst it is still possible to influence the classification of actions and the scope of the evidence gathered.

A competition law solicitor is not only needed by a business in the event of a dispute. Often, they are needed earlier: to negotiate an agreement, obtain clearance for a merger, and avoid a fine for acting ‘as usual’.

+38 095 554-54-24 — legal advice

What does the AMCU fine businesses for?

Anti-competitive concerted practices — the most severe category. This is not limited to formal cartel agreements: it also covers price-fixing, market sharing and, most commonly, bid-rigging (in tenders).

A classic scenario: two affiliated companies submit bids for the same tender, one of them acting as a ‘dummy bidder’. The AMCU detects this through shared IP addresses, identical errors in documents and shared staff — and fines both companies.

Abuse of a monopoly (dominant) position — imposing unfavourable terms, unjustified refusal to enter into a contract, and setting discriminatory prices.

Unfair competition — copying the external design of another’s product, disseminating misleading information, unlawfully exploiting another’s reputation, and comparative advertising in breach of the rules.

Concentration without authorisation — mergers, company acquisitions or the purchase of shares exceeding the established thresholds, require prior authorisation from the AMCU. Carrying out a concentration without authorisation constitutes a separate infringement punishable by a fine.

Failure to submit, or the submission of inaccurate information at the request of the AMCU — is also a separate infringement. A fine is imposed for this even if the main infringement is not substantiated.

Bid-rigging: why it is the most dangerous

This category accounts for the largest number of AMCU rulings — and the most severe consequences.

In addition to the fine, the company is placed on a list of participants who are excluded from public procurement for three years. For companies working on government contracts, this effectively brings their operations to a halt — which is precisely why such decisions are contested to the very end.

What the AMCU considers to be evidence: shared IP addresses when submitting bids, identical files and document metadata, sequential numbering of bank guarantees, shared employees, family ties between founders, and similar errors in documents.

What works in defence: proving the absence of collusion (coincidence of circumstances, use of a shared internet service provider, services of a single consultant), economic justification for pricing behaviour, procedural violations during the investigation.

Authorisation of a concentration

This is the part where you need a lawyer before the deal, not afterwards.

If the participants’ indicators exceed the established thresholds, mergers, acquisitions of assets or shares cannot be carried out without prior authorisation from the AMCU. Breaching this rule results in a fine and the risk of the transaction being declared invalid.

What we do:

• we check whether authorisation is required — this is the first and least costly step;
• we prepare an application with a complete set of documents (an incomplete set will halt the proceedings);
• we monitor the proceedings at the AMCU;
• we appeal against a refusal, if one is issued.

The timeframe for obtaining authorisation must be factored into the structure of the transaction in advance — otherwise it will cause delays.

AMCU inspection: what to do

1. Check the powers — the inspection order, the composition of the commission, and the scope of its powers.
2. Do not provide documents ‘at a guess’ — everything you submit will become evidence. Provide only what you are obliged to, and to the extent required.
3. Do not give explanations without a lawyer — verbal explanations given by employees become part of the case file.
4. But do not ignore requests either: failure to provide information constitutes a separate offence carrying its own fine.
5. Document procedural breaches — these will be needed when appealing.

Appealing against AMCU decisions

Decisions of the Antimonopoly Committee are appealed against in the commercial court.

What works:

• failure to prove concerted action — the AMCU must prove it, not merely assume it;
• incorrect classification;
• procedural breaches during the investigation;
• disproportionate fine — the court may reduce it;
• incorrect calculation of the fine — the basis is the revenue for a specific year, and errors do occur here.

An appeal suspends the enforcement of the decision regarding payment of the fine until the case is resolved — this is critical for preserving working capital.

When you need a solicitor

• you have received a request or a demand from the AMCU for information;
• an investigation has commenced;
• a decision on an infringement has been adopted and a fine imposed;
• you are preparing a transaction — a merger, acquisition or purchase of a shareholding;
• you are participating in tenders with affiliated companies (this poses a risk, even if there was no collusion);
• a competitor is copying your product or spreading misleading information about you.

How we work

1. We assess the risk — whether the company’s actions constitute a breach, even before the AMCU reacts.
2. We assist with inspections and enquiries — we control the scope of information provided.
3. We defend you during the investigation — this is the key stage.
4. We challenge decisions in the commercial court and seek to reduce the fine.
5. Obtaining merger clearance — from threshold checks to the final decision.
6. Defending against unfair competition — when you are not the offender, but are being targeted.

Cost of services

Full price list · Commercial disputes

Questions and answers (Antitrust lawyer)

What is the maximum fine that the AMCU can impose?

Up to 10 per cent of the company’s revenue for the previous financial year — specifically revenue, not profit. For businesses with low profit margins, this could exceed their annual profit several times over.

What is bid-rigging?

Co-ordinated actions by tender participants that distort competition. In addition to a fine, the consequence is exclusion from public procurement for three years — for companies reliant on government contracts, this effectively halts their operations.

How does the AMCU prove collusion?

Through circumstantial evidence: shared IP addresses, identical file metadata, sequential numbering of bank guarantees, shared employees, family ties, and similar errors in documents.

When is authorisation required for a concentration?

When the indicators of the parties to the transaction exceed the thresholds established by law. Carrying out a concentration without authorisation constitutes a separate infringement, subject to a fine and the risk of the transaction being declared invalid.

What should you do if the AMCU sends a request?

You must respond – failure to provide information constitutes a separate infringement. However, the scope and content of the response must be prepared with a lawyer: everything provided will be used as evidence.

Can an AMCU decision be appealed?

Yes, in the commercial court. Grounds for appeal include lack of evidence of collusion, incorrect classification, procedural breaches and the disproportionate nature of the fine — the court may reduce it.

Do you have to pay the fine whilst the appeal is pending?

The appeal suspends enforcement of the decision in respect of the fine until the court has ruled on the case.

A competitor is copying our product. What should we do?

This constitutes unfair competition. You can lodge a complaint with the AMCU — and, at the same time, defend your rights in court.

What documents should I bring to a consultation?

The AMCU’s decision or request, tender documentation, contracts, corporate documents, and financial statements (for calculating thresholds and the fine).

Consulting an antitrust lawyer at Svarog

If you have received a request from the AMCU, do not respond blindly: everything you provide will be used as evidence. If you are preparing a deal, check the concentration thresholds before it is concluded. In both cases, the cost of taking action at the outset is a fraction of a 10 per cent fine on turnover.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00