Antitrust and Competition Law
- Procedure “Turnkey procurement”
- Consultation on procurement issues
- Assistance and representation of interests in challenging procurement procedures
- Minimizing the risks of negative consequences in the course of anticompetitive concerted actions when participating in procurement procedures
Sphere of concentration
- Determination of the need for obtaining a concentration permit (analysis of submitted documents, analysis of the formation of a group of related persons)
- Preparation of documents and obtaining permits for concentration
- Obtaining preliminary findings of the Antimonopoly Committee of Ukraine
- Consultations on unfair competition
- Analysis of advertising materials, advertising campaigns for availability there are signs of violation of the law on protection from unfair competition
- Development of methods of protection against unfair actions of a competitor
Monopoly (dominant) position
- Consultations on the monopoly (dominant) position, avoidance of accusations of abuse of such a position
- Analysis of economic activity (behavior on the market)
- Verification of documentation on the presence of signs of abuse of a monopoly (dominant) position
- Consultations on concerted actions, as well as anti-competitive concerted actions
- Analysis of economic activity, client documentation for the presence of signs of anticompetitive concerted actions
- Obtaining the AMCU permission for concerted actions
Representation in AMCU
- Obtaining recommendations for clarifications of the AMCU bodies
- Preparation applications for violations of the legislation on the protection of economic competition
- Working out responses to requests of bodies of the AMCU
- Representation of interests in cases of violation of antimonopoly legislation
- Minimizing the negative consequences of violations by the client of the legislation on the protection of economic competition
- Appeals against decisions of the AMCU bodies in courts
- Conducting trainings for executives and employees of companies on compliance with antimonopoly legislation
- Analysis of documents in order to identify violations of antimonopoly legislation
Solving basic legal issues:
Based on the experience of our team, business entities whose actions are recognized by the commissions’ authorities as violations of the antimonopoly legislation are not always aware of the existence of such a violation in their activities.
However, ignorance does not relieve responsibility. Moreover, for violating antitrust law, penalties of up to 10% of annual income for the previous year are provided.
We are ready to provide highly qualified findings regarding the presence and / or absence of any activity of the company as a breach of the legislation on the protection of economic competition. Also our team can develop an individual company policy to comply with antimonopoly legislation, conduct training sessions for your employees.
The bodies of the Antimonopoly Committee of Ukraine are empowered to freely enter the enterprises, establishments, organizations and have access to documents and other materials necessary for the verification, including those with restricted access, of commercial secret. In addition, they have the right to withdraw written and substantive evidence, seize objects, documents, and other media of information that can be evidence or a source of evidence.
During 2016, the Antimonopoly Committee of Ukraine conducted 118 outbound inspections of compliance with the requirements of the legislation on the protection of economic competition, of which 38 inspections of business entities.
Our company is ready to provide services on participation and support of inspections of the Antimonopoly Committee of Ukraine, including unscheduled ones, in particular, to prepare employees for oral explanations, assist in preparing written explanations during the inspection, objections or comments to the audit act.
The Antimonopoly Committee of Ukraine representatives shall have the authority to request information, objects and other data storage items, clarifications, other information, in particular that with limited access and bank secrecy necessary for the Antimonopoly Committee’s tasks implementation stipulated by the legislation on economic competition.
At the same time, the competition law assumes the obligation of business entities, associations, government bodies, local authorities, bodies of administrative management and control, other entities, their structural divisions, branches, representative offices and their officials and employees, individuals to provide relevant documents and materials on the request of the Antimonopoly Committee of Ukraine.
For the information violation of competition law in the form of failure to provide information to the Antimonopoly Committee of Ukraine on time, providing incomplete information, providing unreliable information the fines are provided at the amount of up to 1% of annual income.
Therefore, it is highly important to handle the requests of the Antimonopoly Committee of Ukraine properly, and to provide complete information in time.
The Commercial and Administrative Courts of Ukraine support the position of the Committee on the authority to demand information from economic entities, associations, authorities, local governments, bodies of administrative and management and control, other legal entities, etc., including those with restricted access.
The information may be requested by the Antimonopoly Committee of Ukraine both during the consideration of applications, as well as in the consideration of cases, as well as in other cases provided by law.
Our company is ready to provide services for preparing responses to requests and requests of the Antimonopoly Committee of Ukraine and, in the case of already open cases in the form of information violations, help to reduce the risks of maximum penalties in such cases.
How to start working in the public procurement market?
Are you tired of making mistakes?
Our company provides full or partial support of procurement procedures.
We will advise on the issues of procurement, the order of their appeal.
The “Turnkey purchasing” service includes a full range of services for participation in procurement procedures.
On April 1, 2016 the law on public procurement came into force. The law was introduced to ensure effective and transparent procurement, competitive environment in the area of public procurement, prevention of corruption, development of fair competition.
All procurement procedures, information exchange, documents and submitting clarifications from 1 August 2016 helded in ProZorro electronic procurement system.
The Antimonopoly Committee of Ukraine is the body of appeal in conducting public procurements. For the consideration of complaints about procurement under the AMC, the Permanent Administrative Administrative Complaints Board has been created to investigate violations of legislation in the field of public procurement, which consists of three state commissioners of the Antimonopoly Committee of Ukraine.
According to the practice of the Antimonopoly Committee of Ukraine, a large number of complaints remains without appeal by the appeal body, in connection with the presence of errors in them, in particular, the submission of incomplete documents.
Our company will provide you with the necessary, complete and substantiated consultations on public procurement issues, including your interests in challenging procurement procedures.
All the decisions of the Antimonopoly Committee of Ukraine are binding.
The current legislation defines that the person (business entity) to whom the fine is imposed on the decision of the Antimonopoly Committee of Ukraine is to pay it within two months starting from the date of receipt of the decision to impose a fine.
The fine can be paid fully or partially. The Antimonopoly Committee has the right to postpone the payment of the fine imposed or permit it to be paid by installments. Possibility of partial payment of a fine by the person (business entity) to whom the penalty is imposed, assumes obligatory appeal to the authorities with reasonable explanation why the fine cannot be paid in full within the period defined by the Committee’s decision.
Delay in payment of the fine entail the accrual of surcharge penalties for each day of delay amounting to 1.5% of the amount of the fine. Calculation and collection of fines are binding and do not require the adoption of any decision of a public authority on the application.
It should be noted that within five days from the date of the fine payment the business entity is obliged to send to the bodies of the Antimonopoly Committee of Ukraine the documents confirming the fact of payment.
Consequently, the responsibility for reporting on the payment of fine is imposed on the perpetrator of the economic competition legislation being imposed the penalties.
In case of late payment of the fine within the time defined by the decision, the Antimonopoly Committee shall charge the fine itself and the surcharge penalty by the court’s decision. The judicial practice shows the lawful character of demands of the Antimonopoly Committee’s claims on fines and surcharge penalties in the stated amounts.
Surcharge penalties cannot exceed the amount of fine imposed by the relevant decision of the Antimonopoly Committee of Ukraine. However, in practice of the Antimonopoly Committee of Ukraine there are cases of surcharge penalties’ amounts being equal to the fines.
Thus, the late payment of penalty may result in surcharge penalties’ assessed in the amount equal to the amount of fine.
Considering the above, in case of failure to pay the fine by the Antimonopoly Committee of Ukraine decision within the prescribed period, we can refer to the Antimonopoly Committee with a statement to postpone the fine imposed and / or pay it by installments. Our company provides expert assistance with such statements.
Promotion of fair competition is one of the main tasks of the Antimonopoly Committee of Ukraine.
In 2016 the Antimonopoly Committee of Ukraine found and terminated 276 violations of the Law of Ukraine “On Protection against Unfair Competition”. Of these, 75 violations – in the form of unfair competition, in respect of which the Committee made a decision on imposition of penalties, and 201 actions that contained signs of such violations, which were terminated in accordance with the recommendations provided by the Committee bodies to the subjects of management.
From the media, newspapers, magazines, on TV we constantly see and hear about ‘low’ prices, ‘best’ product, uniqueness and safety of medicines, wide choice, brand, ‘number one’ product etc.
To increase goods, works and services sales business entities resort to exaggerate their real characteristics, disseminate information with no factual evidence to prove it. Under such circumstances that information will be qualified by the Antimonopoly Committee of Ukraine as misleading.
Dissemination of misleading information is actually one more violation of the competition law. In the overall structure of violations the share of such violations is 90%.
Under the special attention of the Antimonopoly Committee of Ukraine are the signboards, outdoor advertising boards, slogans, packaging, product labels, promotional stickers and the like. And the types of markets do not matter for the Committee.
Misleading statements can be of various types (verbal, illustrative, written). To be recognized by the Antimonopoly Committee as a violation in form of misleading information dissemination, the methods of that information presentation do not matter.
The Antimonopoly Committee of Ukraine was fined LLC “Simferopol wine-brandy factory” (Dnipropetrovsk) in 2015 for 14 million 67 thousand 786 UAH for disseminating misleading information on the labels of alcoholic beverages, namely the indication of RUM (rum), while these drinks were not rum. In 2016, for disseminating misleading information on the label “WHISKEY Old”, “Scotch WHISKEY” and “WHISKEY”, the penalties amounted to 1 million 638 thousand UAH.
For the distribution of false information on the packaging of the product “sweet butter peasant”, while the product contained non-dairy fats in its composition, 790 thousand UAH was fined by the State Enterprise “Starokostyantynivsky dairy factory”.
In 2017, 19 million 466 thousand 840 UAH were fined by LLC “lifestyles” for the reporting of false, incomplete and inaccurate information regarding the billing of outgoing calls.
Experience of our team in this area is more than ten years. This allows us to provide professional legal assessment of your advertising campaigns, thus helps to prevent the violations competition law.
On July 1, 2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine No. 1555-VII «On State aid to Undertakings», developed by the Antimonopoly Committee of Ukraine, taking into account the obligations established by the Association Agreement between Ukraine and the EU.
This Law came into force in full on August 2, 2017.
In accordance with Article 8 of the Law of Ukraine «On State Aid to Undertakings», the Antimonopoly Committee of Ukraine has been designated by the Authorized Agency on State Aid.
In particular, the AMCU will receive and review all notifications of new and existing state aid, as well as determine which business support measures may be considered acceptable. For example, the AMCU has the right to decide on the temporary or full termination of illegal state aid and its return.
In addition, you cannot inform the AMCU about insignificant state aid. This is considered to be a single economic entity whose aggregate amount does not exceed 200 thousand euros for three years. Only if this does not apply to support of export operations or preferential use of domestic products.
At the same time, according to the results of the year, the AMCU will be obliged to inform about the insignificant state aid.
In case you decide to receive state aid, but you have questions regarding the documentation required, our company is ready to provide you with services for the preparation of materials and further obtaining such assistance.