Key trends identified in the Antimonopoly Committee's Annual Report

On 14 March 2016, the Antimonopoly Committee of Ukraine (the "AMC") approved its annual report for 2015, pursuant to which it set out its key results for 2015, and further outlined certain expectations for 2016

According to the AMC's Chairman, the most notable trends businesses should expect in 2016 are as follows:

  • a more business friendly approach pursuant to which potential violations should be met with recommendations and an opportunity to cure, as opposed to an immediate investigation and imposition of a fine. The AMC's Chairman is of the view that imposing a fine is not always the best option in the case of a violation;
  • re-orienting the AMC's focus to include not just private entities, but also state bodies and state and municipality-owned monopolists active in "sensitive" markets such as energy and utilities;
  • the AMC plans to develop and introduce an effective system of:

- negotiated settlements in case of violations; and

- block exceptions for vertical supply and distribution agreements (to reduce the number of notifications required for concerted action agreements).

The AMC also plans to continue to closely monitor the fuel and energy, pharmaceutical, and health care markets.

The text of the report is not yet available, so we will keep you informed as to any further developments.

If you would like to receive further information or require assistance in connection with the above, please contact Rob Shantz, Dmytro Fedoruk, Natalia Gerus or Yulia Eismont.