Overview of the Competition Law Enforcement Practice in Ukraine
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Ukrainian competition law enforcement has developed over the past few years, with more cartel investigations, greater control over dominant undertakings, bid rigging, and significant increase in monetary penalties. Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine for Eurolawyer 2015 conference in London on November 24, 2015.
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Overview of the Competition Law Enforcement Practice in Ukraine
- 1. Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik First Deputy Head Antimonopoly Committee of Ukraine
- 2. Institutional Background The AMC is a collegiate body consisting of 8 state commissioners and the head of the AMC. Since Spring 2014 until June 2015 the AMC had been understaffed with only 5 state commissioners performing their duties. Ukrainian competition law enforcement has developed over the past few years, with more cartel investigations, greater control over dominant undertakings, bid rigging, and significant increase in monetary penalties. Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine Eurolawyer 2015. London, November 24, 2015.
- 3. Institutional Background Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine Eurolawyer 2015. London, November 24, 2015. Shifting Towards the Voluntary Enforcement
- 4. Representative Cases Date Industries Involved Infringement Type Penalties (EUR)* September 2015 Aviation fuel Abuse of dominance 1M April 2015 Food retail Cartel / Anticompetitive concerted actions 10M June 2012 Wood processing Bid rigging 39M * Approx. EUR equivalent of the fine imposed by the AMC Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine Eurolawyer 2015. London, November 24, 2015.
- 5. Performance Statistics January to September 2015 (9M2015) 524 merger control applications approved 1 651 recommendations given 13 300 information requests issued 1 644 antitrust decisions ruled Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine Eurolawyer 2015. London, November 24, 2015.
- 6. Current Pains ● Having to deal with cases that dilute the institutional focus. ● Overloaded with merger control cases having negligible competition effect because current merger notification thresholds are still very low. ● Investing too much time and effort in price control cases, especially on ‘socially sensitive’ markets. ● Lacking the sufficient power to conduct dawn raids. Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine Eurolawyer 2015. London, November 24, 2015.
- 7. Improvements Implemented by the AMC in 2015 ● Started publishing AMC decisions in August 2015. ● Issued guidelines on setting fines imposed for violations of economic competition and unfair competition laws. ● Draft law on merger control issues passed by the Parliament in the first reading. The AMC participated in the drafting process and gathered industry feedback. Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine Eurolawyer 2015. London, November 24, 2015.
- 9. Improvements in the Coming Months ● Set the priorities and identify cases being relevant to the competition. ● Allocate powers and authorities with industry regulators. ● Draft and advocate legislation on procedural improvements in the AMC. Aim at ensuring the balance between the due process and effective investigative powers. ● Provide more guidelines concerning enforcement intentions (horizontal and vertical restrains, parallel conduct, etc.) Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine Eurolawyer 2015. London, November 24, 2015.
- 10. Thank You Mariya Nizhnik nizhnik@amcu.gov.ua To find this presentation online please visit: bit.ly/NizhnikLondonAMC2015 or slideshare.net/MariyaNizhnik Overview of the Competition Law Enforcement Practice in Ukraine Mariya Nizhnik, First Deputy Head of the Antimonopoly Committee of Ukraine Eurolawyer 2015. London, November 24, 2015.