This presentation by Dar'ya Cherednichenko from ACMU, Ukraine was prepared for a roundtable discussion on Criminalisation of cartels and bid rigging conspiracies at the 131st meeting of the OECD Working Party 3 on 9 June 2020. More papers, presentations and contributions from delegations on the topic can be found out at www.oecd.org/daf/competition/criminalisation-of-cartels-and-bid-rigging-conspiracies.htm.

1. ANTIMONOPOLY COMMITTEE OF UKRAINE
Dar’ya Cherednichenko
Deputy Chair
Antimonopoly Committee of Ukraine
9th of June 2020
Сriminalization of cartels
and bid-rigging conspiracies
Submission by the Antimonopoly Committee of
Ukraine to OECD Roundtable

2. LEGAL
BACKGROUND
Antimonopoly
Committee of Ukraine
In Ukraine, there is no criminal liability for violation of the legislation on protection
of economic competition.
To the “cartel” and “bid rigging” Ukrainian competition law applies the
notion “anticompetitive concerted actions”
FINE
Up to 10% of the entity's annual revenue for
the last financial year
BLACK LIST
Banned to participate in public procurement
for three years
SANCTIONS
Civil liability for damages Double the amount of damages
2

3. COORDINATION AMONG
DIFFERENT AGENCIES
Antimonopoly
Committee of Ukraine
State bodies, their officials are obliged to provide the AMCU with information that
may indicate a violation of the legislation on protection of economic competition.
3
and others
Prosecutor General's
Office of Ukraine
10% of bid rigging decisions
were taken by the AMCU on the submission of law
enforcement agencies
In 2019:
Ukrainian law enforcement agencies:

4. 4
The AMCU took into account the materials provided by the National Anti-Corruption Bureau of
Ukraine (NABU), namely:
§ the interrogation transcript of the director of one of the respondent companies;
§ concluded contracts and electronic documents from the defendants in the case;
§ correspondence of interested individuals;
§ tax returns and financial statements of the defendants.
Antimonopoly
Committee of Ukraine
The bid-rigging on the market of dredging services
CASE STUDY
Results of cooperation between law enforcement agencies
Bid rigging was proved by the AMCU:
§ 2 companies
§ 2 seaports
§ 40% overpricing of dredging services
§ 1,6 mln $ total fine
The NABU started a criminal process:
§ 10 individuals suspected in corruption
activities related to this case
§ 1 ship is sequestrated
§ 1 wanted criminal

5. ANTIMONOPOLY COMMITTEE OF UKRAINE
Thank you!
Email Address:
cherednichenko@amcu.gov.ua