Institutional Shift

Unlike other reforms in Ukraine, competition policy really has provided substantial improvements over the last few years. A lot has been done to amend antimonopoly legislation. The EU – Ukraine Association Agreement acted as the anchor for the harmonization process, which is the most ambitious one compared to other states of the wider EU Neighborhood. Ukraine is still often criticized for its weak institutional capacity, and in many cases this is so.

However, competition regulation is probably an exceptional area where business definitely feels positive institutional changes in both behavior and attitude. The Ukrainian Antimonopoly Committee is regarded as a good example of introduction of best international practices and technical knowledge of foreign experts.

Reform of merger control reduced many technical obstacles to deal-making. The Antimonopoly Committee initiated investigations in all sensitive markets.

The practice is becoming more sophisticated, moving from technical filings on merger clearance to strategic cases related to anti-competitive concerted actions, abuse of dominance, cartels, unfair competition. Two more notable areas of recent activity are consideration of complaints on public procurement and regulation of state aid.

The regulator expects further internal changes. European competition policy trends will continue to shape the agenda in our country.

Happy reading,
Olga Usenko