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Ukraine: toughened control over concerted actions

Ukraine
01/10/2009
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The Anti-Monopoly Committee of Ukraine (the “AMC”) adopted a new Resolution (the “Resolution”) amending typical exemption requirements to concerted actions of business entities.

The principal amendment introduced by the Resolution relates to the substantial limitation of the number of cases where concerted actions between business entities may be exempted from prior clearance with the AMC.

Currently, the 5% block exemption remains in place (parties are free to undertake any concerted actions, except for the establishment of an undertaking or a union of undertakings, provided their combined market share on any affected market does not exceed 5%), but will become immediately redundant as of the effective date of the Resolution.

That means that from that time onwards any horizontal or mixed concerted actions will be subject to prior AMC clearance irrespective the parties’ combined market shares on the affected markets, if such actions relate to:

  • price (tariff) fixing; and/or
  • division of the markets or sources of supply by the territory, assortment of goods/services, volume of their acquisition or sale, range of vendors, purchasers or consumers or by any other criteria; and/or
  • restrictions, including suspension of production of goods/services or sale or acquisition of goods/services; and/or
  • distortion of the results of bids, auctions, tenders.

The Resolution will become effective as of the date of its official promulgation which is expected to be soon.

Law: Resolution of the AMC No. 350-p dated 28 August 2009.

Resolution of the AMC No.27-p dated 12 February 2002

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