This Peer Review of Ukrainian Competition Law and Policy was undertaken within the framework of the OECD’s established methodology for assessing competition regimes.
The process started with the design, by the Secretariat of the OECD Competition Committee, of a questionnaire on the context and foundations of the competition policy regime; the content and scope of the competition law; institutional issues; enforcement of competition policy and competition advocacy. It was sent to the Antimonopoly Committee of Ukraine (AMCU) on the 30 November 2023. AMCU replied to the questionnaire on the 23 March 2024.
Due to Russia’s full-scale invasion of Ukraine, it was not possible to conduct an on-site fact-finding mission, but the Secretariat conducted more than 20 online interviews with experts from the Ukrainian government, the judiciary, academia, AMCU and private sector (both from the legal and economic area). The interviews took place between the 30 July and the 28 November 2024.
The review examines the extent to which Ukraine has aligned its competition law, policy, and enforcement practices with OECD legal instruments and international standards. It provides an objective and evidence-based evaluation of progress achieved, challenges that remain, and priority areas for reform.
According to the Participation Plan of the OECD Competition Committee, Associate Members must:
“[Demonstrate] the coherence of [their] competition law and policy with OECD competition standards through a peer review”.
“Adhere to the following legal competition instruments and demonstrate willingness and ability to implement them”:
Recommendation of the Council on Structural Separation in Regulated Industries [OECD/LEGAL/0310]
Recommendation of the Council on Merger Review [OECD/LEGAL/0333]
Recommendation of the Council on Fighting Bid Rigging in Public Procurement [OECD/LEGAL/0396]
Recommendation of the Council Concerning International Co-operation on Competition Investigations and Proceedings [OECD/LEGAL/0408]
Recommendation of the Council concerning effective Action against Hard Core Cartels [OECD/LEGAL/0452]
Recommendation of the Council on Competition Assessment [OECD/LEGAL/0455]
Recommendation of the Council on Competitive Neutrality [OECD/LEGAL/0462]
Recommendation of the Council on Transparency and Procedural Fairness in Competition Law Enforcement [OECD/LEGAL/0465]
Recommendation of the Council on Intellectual Property Rights and Competition [OECD/LEGAL/0495]
Ukraine has been an active participant in the work of the OECD Competition Committee since 2011. In seeking Associate status, Ukraine committed to demonstrating its alignment with OECD competition standards. The peer review process is a central component of this evaluation, requiring rigorous scrutiny of the country’s legislative framework, institutional arrangements, and enforcement record against key OECD Recommendations. These cover areas such as merger control, cartel enforcement, structural separation, competition assessment, competitive neutrality, transparency, and international co-operation.
The assessment draws upon a comprehensive analysis of Ukraine’s competition regime, informed by international experience and guided by OECD standards. It considers not only the formal legislative framework but also the practical capacity of the Antimonopoly Committee of Ukraine (AMCU) to implement and enforce competition rules effectively. Particular attention is paid to ensuring procedural fairness, safeguarding due process, reinforcing investigative powers, and enhancing advocacy efforts to embed competition principles across broader government policy.
Conducted against a backdrop of significant economic and geopolitical challenges, this review reflects Ukraine’s determination to strengthen its institutions and to foster a competitive environment that promotes innovation, efficiency, and inclusive growth. Its findings conclude that Ukraine has made substantial progress towards alignment with OECD standards, while identifying important reforms needed to reinforce enforcement capacity and to enhance the credibility and transparency of the competition regime.
This report thus serves both as an assessment of Ukraine’s readiness for closer co-operation with the OECD Competition Committee and as a roadmap for further reforms. In doing so, it aims to support the development of more dynamic markets, greater consumer welfare, and the long-term resilience of the Ukrainian economy.
This report was prepared by Maria Pilar Canedo together with Federica Maiorano and Greg Jackson from the OECD Competition Division, with research assistance from Aurelien Boronat and Oleksandr Melnychenko. It benefited from comments by Ori Schwartz, Antonio Capobianco, from the OECD Competition Division, the lead examiners (from the Competition agencies of Austria, Canada and Ireland) and by OECD Global Relations and Communications Directorate. It was prepared for the discussion at the 146th meeting of the Competition Committee. Oles Andryichuck participated in the fact finding and research phase of the project. The effective co-operation of the Antimonopoly Committee of Ukraine significantly contributed to the quality and comprehensiveness of this review. Valuable insights were also provided by representatives of the judiciary, competition law practitioners, academic experts, economists, business associations and international organisations.