Regulatory Affairs

28/ 03/ 2012

As a result of EBA’s lobbying efforts the Antimonopoly Committee of Ukraine (hereinafter – AMCU) considered the recommendations of EBA ad hoc Competition Committee on the exemption from responsibility for the participation in cartels and fixed them in the relevant AMCU’s Draft Regulation “On Approval of the Procedure of exemption from liability for legislation infringement on economic competition protection”.

So far the document contains the provisions which clarify different aspects of leniency procedure. In particular, the Draft Regulation sets the exceptional list of information which has substantial value for making a final decision in a particular case. Moreover, the draft regulation foresees a written form of application for the exemption from responsibility. The priority of applications submission is also revised in the new version of AMCU’s Draft Regulation in line with EBA’s proposals.

Background: The previous draft regulation on leniency that was initially available for public discussion contained a lot of uncertainties and had a disputable structure so that its adoption could have complicated the procedure of exemption from responsibility for the participation in cartels in Ukraine. EBA ad hoc Competition Committee analysed the abovementioned draft and elaborated several recommendations for its improvement.

As a result, on 5 March 2012 the AMCU approved and then posted on its official web-page a Draft Regulation on Approval of Procedure of Applications Submission to AMCU on Exemption from Responsibility for Infringements of Economic Competition Legislation, as Provided by Clause 1 Article 50 of Law of Ukraine on Economic Competition Protection (Procedure on Exemption from Responsibility) with a number of Committee’s recommendations stated.

We are happy to inform you about this progress and we will do our best to finally solve this issue.

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