OECD Roundtable: Interim measures as an effective preventive tool

Interim measures as an effective preventive measure in antitrust investigations were discussed on June 21 during a roundtable in the framework of the Organization for Economic Co-operation and Development (OECD) Competition Week in Paris. Ukraine is represented at the event by Olha Pishchanska, Chair of the AMCU, and Serhii Shershun, State Commissioner of the AMCU.

At the beginning of the discussion, moderator of the round table Jonathan Kanter, Assistant Attorney General of the Antimonopoly Division of the US Department of Justice, noted that modern markets are changing very quickly, including due to the digital transformation. That is why, at the moment, the most important control tools are interim measures that allow to respond quickly to market disturbances.

“Sometimes we “look back” instead of “looking forward”. We are talking about online market power and online transactions. These are very difficult issues. As these phenomena occur more and more often, we need to understand what impact they have and determine how to control them” - said Jonathan Kanter. He also congratulated the representatives of Ukraine and expressed support for our country on behalf of his colleagues.

During the thematic discussion, Serhii Shershun noted that the interim measures provide an opportunity to react quickly to the situation even before the competition in the market is irreparably damaged.

“In addition to interim decisions, in Ukraine, we use such a tool as recommendations. It allows us to carefully assess the market situation and to encourage businesses to adhere to legal norms and fair practices. It is important that business is very receptive to this format of cooperation” - said the State Commissioner.

Summing up the discussion, the Chair of the AMCU Olha Pishchanska noted that it is important for the AMCU to use the full range of modern legal instruments that can quickly, effectively and legally prevent conflicts in the markets.

“On one hand, more active application of interim measures may be a challenge for the AMCU, but on the other hand - an opportunity to respond effectively to rapid changes in markets, to stop violations before they cause irreparable damage. Antitrust legislation is currently being reformed in Ukraine. In the second stage, we plan to discuss with the business and expert community the possibility of introducing legislative changes that would allow the AMCU to apply interim measures also on its own initiative” - said the Chair of the AMCU.

As a reminder, the OECD Competition Week in Paris will last until Friday, June 24.