Concerted Actions in Ukraine (for IFLR Competition and Antitrust 2010)

Competition policy is a legal tool to effect economic behaviour. Although the Ukrainian competition regulations, in particular those related to concerted practice, are based on the same principles as those in the EU competition law, their implementation on a number of occasions differs significantly from that of the other European competition regulators.

Fundamentals

Under the applicable Ukrainian law, concerted practice is defined as agreements and any other concerted competitive behaviour or omission by business entities, including legal and natural persons, engaged in commercial activities as well as any governmental agencies. Furthermore, establishment of a joint vehicle or an association is considered to be concerted practice of its founders if the establishment or incorporation of such entity aims at, and shall result in, the coordination of competitive behaviour (i) of its founders; or (ii) of the established business entity and its founders. Similar to