Cartel regulation—Ukraine—Q&A guide
Cartel regulation—Ukraine—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—Ukraine—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

Cartel regulation—Ukraine—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in Ukraine published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Sergii Koziakov & Partners—Nataliia Isakhanova; Yuriy Prokopenko; Andrii Pylypenko

1. What is the relevant legislation?

The main domestic legislation regarding the protection of economic competition is as follows:

  1. the Constitution of Ukraine;

  2. the Economic Code of Ukraine;

  3. the Code of Ukraine of Administrative Offences;

  4. Law No. 3659-XII on the Antimonopoly Committee of Ukraine;

  5. Law No. 2210-III On Protection of Economic Competition;

  6. Law No. 236/96-BP On Protection Against Unfair Competition;

  7. Law No. 1197-VII On Public Procurements; and

  8. Law No. 1555-VII On State Aid to Undertakings.

A noteworthy detail is that Ukrainian competition law does not use the term 'cartels' but rather uses the notion of 'anticompetitive concerted actions'. Moreover, the Code of Ukraine of Administrative Offences and the Economic Code of Ukraine apply the term 'illegal contracts' to contracts dealing with monopoly price (tariff) fixing (raising), discounts, allowances (surcharges), market setting (raising), market allocation based on geographic areas, types of products, types of customers, output volume or other factors. Therefore, both horizontal and vertical anticompetitive concerted actions are subject to substantially the same control regime.

The Law On Protection of Economic Competition (the Competition Law) distinguishes between concerted actions and anticompetitive concerted actions.

According to Part 1

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