To get a conclusion on the compliance of actions

In order to prevent violations of competition law and increase the predictability of its application, an undertaking may receive from the Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine conclusions in the form of advisory explanations on the compliance of actions with the provisions of the legislation on protection of economic competition.

Pursuant to the Law of Ukraine ‘On Protection of Economic Competition’ and Article 15-1 of the Law of Ukraine ‘On Protection against Unfair Competition’, Article 14 of the Law of Ukraine ‘On Protection of Economic Competition’, an undertaking, based on the information provided by it, will receive conclusions in the form of advisory explanations on the compliance of the actions of undertakings with the provisions of Articles 6, 10, and 13.

How to submit:

the application is made in any form and submitted in writing to the Antimonopoly Committee of Ukraine;
the application must specify:

1. Name of the authority to which the application is submitted;

2. Information about the applicant:

name (for legal entities), name of the contact person, number of the means of communication (telephone, fax, etc.), and e-mail address;
if the application is submitted by a representative, it shall contain the name (surname, full name and patronymic) of the representative, his/her postal address, communication means (telephone, fax, etc.), and e-mail address. The application shall be accompanied by a power of attorney or other document confirming the representative's authority;
location (for legal entities) or place of residence (for individual entrepreneurs), other details of the parties, including postal address.

3. The content of the action for which you, as the applicant, are applying for a conclusion;

4. A document confirming payment of the application fee.

The application fee is credited to the appropriate account:

recipient: Antimonopoly Committee of Ukraine, bank details of the Antimonopoly Committee of Ukraine,
purpose of payment: for providing an opinion in accordance with Article 14 of the Law of Ukraine ‘On Protection of Economic Competition’.

Important: The absence of a document confirming the payment of the fee is a ground for leaving the application without movement for a period determined by the Committee's body, of which the Applicant is notified by letter. The time of leaving the application without movement shall not be counted as a period for consideration of the application. In case of failure to pay the fee within the specified period, the application shall be left without consideration.

5. List of documents and information to be attached to the application.

6. The application shall be signed by an authorized officer of the legal entity applicant or his representative, and by the individual applicant or his representative.

Important: The Committee's conclusion will depend on the availability of reasonable evidence in the materials attached to the application that the information disseminated is true, complete and accurate and is based on actual, documented circumstances. Therefore, it is advisable to attach documents and other materials available to you that confirm the circumstances set out in the application, including documentary evidence of the truthfulness, completeness and accuracy of the information that constitutes the undertaking's notification. Documents and information in a foreign language must be accompanied by a translation into Ukrainian, which must be certified in accordance with the established procedure.

When preparing the application, documents and other materials, it should be borne in mind that the Recommendation Clarifications are provided solely on the basis of the information provided in the application and the documents and information attached thereto without conducting additional research involving third parties.

If the conclusions are requested under Articles 6, 10, 13 of the Law of Ukraine ‘On Protection of Economic Competition’, it is advisable to provide information on the market, market position, market shares, information on the product and its properties.

The following conclusions are drawn upon consideration of the application:

1. The actions of the undertaking described in the Application contain or may contain signs of violation of the legislation provided for in Articles 6, 10, and 13 of the Law of Ukraine ‘On Protection of Economic Competition’ and Article 15-1 of the Law of Ukraine ‘On Protection against Unfair Competition’.

2. The actions of the undertaking described in the Application do not or may not contain signs of violation of the legislation provided for in Articles 6, 10 and 13 of the Law of Ukraine ‘On Protection of Economic Competition’ and Article 15-1 of the Law of Ukraine ‘On Protection against Unfair Competition’.

3. The information provided by the applicant is insufficient to provide an unequivocal conclusion on the presence/absence of signs of violation of the legislation provided for in Articles 6, 10 and 13 of the Law of Ukraine ‘On Protection of Economic Competition’ and Article 15-1 of the Law of Ukraine ‘On Protection against Unfair Competition’ in the actions of the undertaking described in the Application. Such a conclusion may be issued, in particular, in the absence of information in the Application:

confirming the completeness, accuracy and truthfulness of the relevant information (in particular, expert opinions, research results, market research, etc;)
which allows to conclude on the possible impact of the relevant information on the intentions of consumers to purchase or sell certain goods, works, services of the undertaking (in particular, quality characteristics, price indicators, etc.).

Why the application may be left without consideration:

in case of receipt of a request from the applicant to withdraw the application.

Important: The cost of the review is not refundable.

If the information is insufficient:

if the insufficient information does not allow us to draw a conclusion about the presence/absence of signs of violations of the law in the actions of the undertaking, this does not deprive you of the right to re-apply.