The year 2016 was eventful for competition
lawyers in Ukraine. Many improvements were initiated and
implemented by the new leadership of the Anti-Monopoly Committee of
Ukraine (AMCU) that was appointed just over a year ago and
immediately took steps to transform the AMCU into a modern and
effective competition agency. This reform was supported by the
Parliament of Ukraine that adopted important amendments to
competition laws.
Methodology on fines calculation
The reform started with the development of the Guidelines for
the Calculation of Fines for Violation of Ukrainian Competition Law
(the 'Guidelines') in September 2015. These Guidelines were
designed to increase the transparency and predictability of fines
imposed by the AMCU. Ukrainian law allows the AMCU to determine, at
its own discretion, the amount of the fine up to a maximum cap
calculated as a percentage of the worldwide turnover of the
undertaking (eg, five per cent for merger control violations).
