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.
From the carriers of outdoor information, newspapers, magazines, television screens, we constantly see and hear about the “low” prices, the “best” product, the uniqueness and safety of medicines, choice, brand, product “number one” and the like.
To increase sales of goods, works or services, business entities resort to exaggerating their actual properties, disseminating information, which actually is not confirmed. Under such conditions, the Antimonopoly Committee of Ukraine will qualify such information as such, which is misleading.
The dissemination of misleading information is a separate violation of the law on protection against unfair competition. In the general structure of violations, their share is 90%.
Under the special attention of the bodies of the Antimonopoly Committee of Ukraine are external signs, advertising boards, slogans, packaging, product labels, promotional stickers and the like. Moreover, the types of markets for the Committee do not matter.
The statement that they are misleading may have various forms – oral, illustrated, written.
For the recognition of the AMCU of a violation in the form of disseminating misleading information, the methods of presenting such information are also irrelevant.
So, for unfair competition penalties of up to 5% of annual income are provided. (This should be considered when planning advertising campaigns).
For example, in the past in 2018, the AMCU authorities ceased 168 violations of the Law of Ukraine “On Protection against Unfair Competition”. Of these, 53 violations in the form of unfair competition, in respect of which the Committee decided to impose penalties and 115 actions that contain signs of violations, were suspended in accordance with recommendations provided by the bodies of the Committee to business entities.
The very structure of violations of qualifications in accordance with the articles of the law is as follows:
– Art. 4. Illegal use of signs – 25 violations;
– Art. 15-1. Dissemination of misleading information – 132 violations;
– Art. 8. Discredit the business entity – 5 violations;
– Art. 15. Achievement of undue advantages in competition – 3 violations;
– Art. 1. Unfair competition – 2 violations;
– Art. 19. Illegal use of trade secrets – 1 violation.
The total amount of fines imposed by the AMCU in 2018 for violations in the field of unfair competition reaches 24,108,000 UAH.
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.