{"id":2827,"date":"2026-05-29T03:37:13","date_gmt":"2026-05-29T00:37:13","guid":{"rendered":"https:\/\/svaroglaw.com\/antymonopolne-zakonodavstvo-ukrayiny\/"},"modified":"2026-07-15T15:38:48","modified_gmt":"2026-07-15T12:38:48","slug":"antymonopolne-zakonodavstvo-ukrayiny","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/antymonopolne-zakonodavstvo-ukrayiny\/","title":{"rendered":"Antitrust legislation in Ukraine"},"content":{"rendered":"

A fine imposed by the Antimonopoly Committee can amount to 10 per cent of a company\u2019s annual revenue for the previous year<\/strong> \u2014 not profit, but revenue<\/strong>. For businesses with low profit margins, this means a fine that exceeds their annual profit several times over.<\/p>\n

A second key feature is that the AMCU itself<\/strong> conducts investigations, itself<\/strong> makes decisions and itself<\/strong> imposes fines. Defence strategies are not formulated after a decision has been made, but during the investigation<\/strong> \u2014 whilst it is still possible to influence the classification of actions and the scope of the evidence gathered.<\/p>\n

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 \u2018as usual\u2019.<\/p>\n

+38 095 554-54-24<\/a> \u2014 legal advice<\/strong><\/p>\n

What does the AMCU fine businesses for?<\/h2>\n

Anti-competitive concerted practices<\/strong> \u2014 the most severe category. This is not limited to formal cartel agreements: it also covers price-fixing, market sharing and, most commonly, bid-rigging<\/strong> (in tenders).<\/p>\n

A classic scenario: two affiliated companies submit bids for the same tender, one of them acting as a \u2018dummy bidder\u2019. The AMCU detects this through shared IP addresses, identical errors in documents and shared staff \u2014 and fines both companies.<\/p>\n

Abuse of a monopoly (dominant) position<\/strong> \u2014 imposing unfavourable terms, unjustified refusal to enter into a contract, and setting discriminatory prices.<\/p>\n

Unfair competition<\/strong> \u2014 copying the external design of another\u2019s product, disseminating misleading information, unlawfully exploiting another\u2019s reputation, and comparative advertising in breach of the rules.<\/p>\n

Concentration without authorisation<\/strong> \u2014 mergers, company acquisitions or the purchase of shares exceeding the established thresholds, require prior authorisation from the AMCU<\/strong>. Carrying out a concentration without authorisation constitutes a separate infringement punishable by a fine.<\/p>\n

Failure to submit, or the submission of inaccurate information<\/strong> at the request of the AMCU \u2014 is also a separate infringement. A fine is imposed for this even if the main infringement is not substantiated.<\/p>\n

\"Ukraine\u2019s<\/a><\/p>\n

Bid-rigging: why it is the most dangerous<\/h2>\n

This category accounts for the largest number of AMCU rulings \u2014 and the most severe consequences.<\/p>\n

In addition to the fine, the company is placed on a list of participants who are excluded from public procurement for three years<\/strong>. For companies working on government contracts, this effectively brings their operations to a halt \u2014 which is precisely why such decisions are contested to the very end.<\/p>\n

What the AMCU considers to be evidence:<\/strong> 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.<\/p>\n

What works in defence:<\/strong> 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.<\/p>\n

Authorisation of a concentration<\/h2>\n

This is the part where you need a lawyer before the deal<\/strong>, not afterwards.<\/p>\n

If the participants\u2019 indicators exceed the established thresholds, mergers, acquisitions of assets or shares cannot be carried out without prior authorisation from the AMCU<\/strong>. Breaching this rule results in a fine and the risk of the transaction being declared invalid.<\/p>\n

What we do:<\/p>\n