Competition law provides for the possibility of full or partial exemption of an undertaking from liability for anticompetitive concerted actions.
A person who has committed anticompetitive concerted actions may report participation in anticompetitive concerted actions and submit an application to the Antimonopoly Committee of Ukraine for exemption from liability for such anticompetitive concerted actions.
Mechanism and procedural principles for applying full or partial exemption from liability for violation of legislation on protection of economic competition in the form of anticompetitive concerted actions of their participants, respectively
to Article 521 of the Law of Ukraine ‘On Protection of Economic Competition’ set out the Procedure for Exemption from Liability for Violation of Legislation on Protection of Economic Competition in the Form of Anti-Competitive Concerted Actions.
The authorised person of the AMCU is the First Deputy Chair of the AMCU - State Commissioner Olha MUZYCHENKO
Tel. (044) 251-62-08
The order is available here (.pdf , 74.69 Кb ).
How to apply?
The applicant shall submit an application for exemption from liability to the AMCU in paper or electronic form.
The application shall be submitted electronically by sending it to the following email address: leniency@amcu.gov.ua
More details: link to the Procedure
Consultations
Prior to submitting an application for exemption from liability, a participant in anticompetitive concerted actions or its authorised representative may apply to the AMCU for preliminary consultations regarding the information and documents required for submission and consideration of the relevant application.
The consultation shall be conducted in person by an authorised person of the AMCU on the basis of an oral or written request from any person.
Schedule of consultations:
Second Thursday of every month 14:00 - 17:00
Who can be exempted from liability?
A person who, prior to sending a submission with preliminary conclusions in the case, reported its participation in anticompetitive concerted actions, disclosed such anticompetitive concerted actions to the AMCU and provided evidence of such actions.
For more information on full and partial exemption from liability, please refer to the Procedure.
At the same time, we remind you that the fine for committing anticompetitive concerted actions may amount to up to 10 per cent of the company's income for the previous year.
What are anticompetitive concerted practices?
Anti-competitive concerted practices are concerted practices that have led or may lead to the prevention, elimination or restriction of competition.
In particular, concerted actions shall be recognised as anticompetitive concerted actions related to:
setting prices or other conditions for the purchase or sale of goods;
restriction of production, markets for goods, technical and technological development, investments or establishment of control over them;
distribution of markets or sources of supply on a territorial basis, by the range of goods, the volume of their sale or purchase, by the circle of sellers, buyers or consumers or on other grounds;
distortion of the results of trades, auctions, competitions, tenders;
removal from the market or restriction of access to the market (exit from the market) of other undertakings, buyers, sellers;
applying different conditions to equivalent agreements with other undertakings, which puts the latter at a disadvantage in competition;
entering into agreements subject to the acceptance by other undertakings of additional obligations that, by their nature or in accordance with trade and other fair business practices, are not related to the subject matter of the agreements;
significant restriction of competitiveness of other undertakings in the market without objectively justified reasons.