OECD Peer Reviews of Competition Law and Policy: Ukraine 2025

3. Advocacy and co-operation

Abstract

This chapter examines the advocacy and co-operation functions of AMCU, focusing on its role in promoting competition policy and engaging with stakeholders. It reviews AMCU’s participation in regulatory and legislative processes, including ex ante and ex post competition assessments, issuance of formal opinions, and initiatives conducted on its own authority. The analysis also covers outreach activities, such as campaigns, training, publications, guidance, and the design and execution of market studies, highlighting methodological strengths, challenges, and strategic priorities.

It further assesses AMCU’s domestic and international co-operation, evaluating the effectiveness of collaborative frameworks with other authorities, institutions, and international partners. It identifies strengths in coordination and knowledge-sharing while noting limitations that constrain impact.

3.1. Advocacy

3.1.1. General description

Participation in regulatory or legislative processes, including ex ante or ex post competition assessment

AMCU Law grants the institution powers to conduct competition assessment of both draft and existing laws and regulations. AMCU provides opinions on regulatory and legal acts when requested or on its own initiative.

Request for formal opinions to AMCU

Central and local public authorities and institutions, but not Parliament, the President of Ukraine or the Cabinet of Ministers, are required to ask for AMCU’s opinion on draft regulatory and legal acts that may have an impact on competition.1 While the authorities are required to take account of AMCU’s opinions, these are not binding. In practice, most of AMCU's concerns are usually taken into account.

When Parliament, the President of Ukraine or the Cabinet of Ministers submit draft legal acts for AMCU to review, even though they are not required to submit them, comments are usually taken into account.

AMCU’s powers to issue opinions on its own initiative

At the stage of preparation of new legislation about competition policy, AMCU has the power to submit opinions, on its own initiative, to the President of Ukraine and the government.2 AMCU may also provide recommendations and issue opinions to public and local authorities (Art. 7.5.3 of AMCU law).

As for existing legal acts, AMCU has a broad range of powers.

• Submission of opinions: AMCU may submit opinions, on its own initiative, to the President of Ukraine, government, Central Bank and, central or local authorities to amend regulations that do not comply with Ukraine’s competition law.3 It may also submit opinions “to the committees of the Verkhovna Rada of Ukraine on draft laws on issues within its competence.” 4

• Submission of recommendations: AMCU may provide recommendations to public authorities, local governments, administrative and economic management and control bodies, aimed at stopping actions or omissions that may have a negative impact on competition. Unlike the opinions mentioned at the bullet point above, the recipients of recommendations are obliged to inform AMCU whether they are going to follow the recommendations or not.5

Submission of binding recommendations: in accordance with Article 46 of AMCU law, the agency may provide binding recommendations to public authorities, local governments, institutions and organisations, to terminate actions that may violate competition law, to eliminate the causes of such violations and of the conditions that facilitate them and, if the violation is terminated, to adopt measures to eliminate the consequences of such violations. The recipients of binding recommendations must consider them and notify AMCU of the outcome of such consideration.6 If the recommendations have not been implemented, AMCU may open a case against the authority in question and oblige them to amend the legal act.

For example, AMCU used its power to issue binding recommendations in 2020 about a regulation by the National Energy and Utilities Regulatory Commission (NEURC). AMCU found that the NEURC regulation distorted competitive neutrality, because it allowed only systemically important banks to provide guarantees under the Gas Transmission Systems code.

Regarding the competition assessment of existing regulations, AMCU evaluates regulatory acts between one and two years after they enter into force.7 Moreover, there is a general requirement for all regulatory acts to be reviewed for effectiveness every three years by the authorities that issued them. AMCU complies with this requirement and conducts periodic assessments of its own regulations every three years.

In 2017, AMCU issued a methodology to analyse laws and regulations, containing criteria to be considered in the analysis of the impact of draft and existing normative acts and public policy documents on competition.8 The criteria identified by AMCU are in line with the OECD Competition Assessment Toolkit (OECD, 2019[1]).

The number of proposals and recommendations issued between 2019 and 2023 range between 171 and 1 253 per year. This figure includes proposals and recommendations issued under the different powers outlined above, except under article 46. These are also individual recommendatory clarifications provided to undertakings pursuant to Article 14, as well as recommendations to undertakings aimed at promoting competition, terminating actions or eliminating their consequences pursuant to article 7 of the Law of AMCU, which do not fall under the competition assessment of laws and regulations. AMCU confirms that it is not possible to provide the number of proposals and recommendations provided to the government, Parliament and any other public body including local administrations. This system of collecting information should be changed, so advocacy of AMCU with public entities could be analysed.

Campaigns, events and training to other bodies

AMCU conducts advocacy activities on a regular basis, including holding events, meeting relevant stakeholders and organising training activities.

Between 2020 and 2023, AMCU organised 95 events in total. These included a roundtable discussion with the Supreme Court to improve the judges’ understanding of competition law cases and educational webinars for university students (which helped recruit new staff). Moreover, AMCU has held several meetings with business associations and with members of Parliament as part of its activities to advocate for competition law reform in 2023. More generally, AMCU regularly meets business associations and the bar association to discuss priorities and legislative initiatives.

Specific areas of focus for AMCU over this period were fighting bid rigging in public procurement and training on competition and state aid, as follows:

• In 2021, AMCU spoke at webinars for procurement officials and for public procurement officers from government agencies on how to prevent and detect bid rigging, in the context of its co‑operation with the OECD.9

• Over the period 2020-2023, training on competition law and state aid was provided to administrative and commercial court judges and a training manual was produced in the joint project implemented by AMCU with EBRD and the International Development Law Organization (IDLO).10

Publications and guidance issued by the authority

AMCU has issued several guidelines, both on the methodologies it applies and on its legal procedures. In the area of concerted actions, it has issued seven guidelines concerning “Typical Requirements for Concerted Actions to be Exempted from Liability, corresponding to Exemption Regulations and de Minimis Rules in the EU”, “Vertical Agreements”,11 “Technology Transfer Agreements”,12 and “Research and Development Agreements” among others.13 In the areas of abuse of dominance, it has issued guidelines setting out the methodology to assess dominance14 and recommendations clarifying the approach to assess dominance in the presence of buyer power.15 In the area of merger control, AMCU has issued guidelines on the assessment of horizontal concentrations and on the assessment of non-horizontal concentrations,16 as well as several guidelines about procedures.

Building on the 2023 reform of Ukrainian competition law, aiming at expanding AMCU’s investigative powers and strengthening the leniency programme, AMCU adopted a series of guidelines:

• guidelines on settlement procedures, applying to both concerted actions and abuse of dominance (2023)17

• guidelines on leniency (2024)18

• guidelines on carrying out inspections of business, associations, authorities, economic management and control bodies.19

In addition, pursuant to Article 14 of the Competition Law, AMCU may issue clarifications in response to specific requests by firms about their compliance with competition law, based on information they submit to AMCU. These powers are used to prevent violations of competition law and increase the predictability of its application.

Table 3.1. Number of clarifications issued by AMCU

	2017	2018	2019	2020	2021	2022	2023	2024
In relation to abuse of dominance	9	4	11	1	2	10	-	3
In relation to agreements	4	8	11	5	3	1	2	2
Total	13	12	22	6	5	11	2	5

Source: AMCU.

Market studies

Market studies are a tool that competition agencies can use to pro-actively assess the state of competition in markets. Market studies can enhance a competition authorities’ knowledge of a specific sector, allow it to assess whether there are any competition concerns and issue recommendations on how to improve competition (OECD, 2018[2]).

While the length, scope and process market studies vary across jurisdictions, nearly all competition authorities in OECD Member States conduct at least one market study per year, with an average of for OECD countries of 2.3 and for non-OECD of 3. (OECD, 2025[3]).

The ACMU also conducts market studies regularly. On average it has undertaken three per year since 2017 most recently completing a study of the national market of chicken eggs in 2023.

AMCU conducts market studies based on clause 11 of part one of article 7 of the Competition Law which sets out that AMCU can conduct market research, determine the product boundaries of market as well as the position – including monopoly (dominant) – of undertakings in the relevant market, and make appropriate decisions (orders).

AMCU states that the purpose of a market study is to determine the state of the competitive environment in the market, evaluate it and make proposals for measures aimed at developing competition, while ensuring compliance with the legislation on protection of economic competition.

Opening of a market study

AMCU can self-initiate a market studies as part of its monitoring of sectors’ compliance with competition law, when resolving issues related to the promotion of competition and, if necessary, taking measures aimed at developing competition. In addition, studies may be initiated following:

• applications of undertakings, citizens, associations, institutions, organisations on violation of their rights as a result of actions or omissions that have signs of violation of the legislation on protection of economic competition; or

• at the request of government authorities, local self-government bodies, administrative and economic management and control bodies on violation of legislation on protection of economic competition.

Fourteen market studies have been conducted since 2017 and it is not possible to determine the ground for initiation (ex officio or upon request).

Approach

Market studies may be carried out by AMCU central office as well as regional teams. Three structural units in AMCU are responsible for certain sectors and market studies are primarily undertaken by the sector specific teams with support from other units such as the Economic Analysis Division were needed.

AMCU has an internal information letter which sets out the general approach to conducting market studies. It sets out that market studies can be conducted in two steps.

Market analysis

The first step is conducting a market analysis which summarises information available to AMCU and other information obtained from public sources which allows AMCU to determine the specifics and features of the market functioning.

The result of this preliminary step is the identification of problematic issues and the need for an in‑depth study. The results of the market analysis are formalised in a separate document - a report on the results of the market analysis, which is prepared by a structural unit of the Committee.

This report includes:

• grounds for conducting the market analysis

• main legal acts regulating the market functioning

• main market participants

• results of the analysis of key market indicators

• conclusion on necessity and expediency of conducting an in-depth further study.

In-depth study

If AMCU undertakes an in-depth study, the main steps include drawing up a plan for the study, identifying the appropriate methods and sources of data collection, collecting the information, analysing the information and preparing the report.

Information collected and analysed can include reporting information, state statistics, internal reporting of entities, information on market supply and demand trends, information on market structure, barriers to entry and exit, price levels and dynamics and other information that can help determine the market boundaries.

To collect such information AMCU may use questionnaires and consumer surveys, supply side data from media or from suppliers and from state data sources. They may also question experts to better understand the market.

Analysis of data includes a range of approaches including correlation analysis, factor analysis and cluster analysis.

Market studies seek to understand the overall state of competition in the relevant market, whether any firm has dominance or collective dominance in the market, the presence of any signs of violations of competition laws and appropriate measures to ensure the development of competition in the market.

Based on the results of the study, AMCU may:

• make recommendations to government authorities, local governments, institutions, organisations, undertakings, associations on measures aimed at competition. This can include potentially working on draft amendments or as part of interagency working groups.

• initiate a proceeding on signs of violation in case of detection of signs of violation of the legislation on protection of economic competition.

If the market study finds signs of violation of the legislation on protection of economic competition, the relevant documents that were the basis for the study and the materials of the market study itself, if necessary, are transferred to the structural unit whose functional powers include conducting case investigations.

Information gathering powers

AMCU has broad powers to collect information during market studies. This is due to the status of AMCU and the tasks assigned to it in the formation and implementation of the state competition policy (Article 3 AMCU Law).

In particular, AMCU is authorised to request information from market participants, including restricted information, necessary for a market study (Article 7 of the AMCU Law).

In turn, the legislation establishes the obligation to provide information at the request of AMCU (Article 22 of the AMCU Law).

In fact, AMCU has no restrictions on the range of addresses to whom the request for information is sent. The same applies to the scope of the requested information (Article 22.1 of the AMCU Law).

In addition, when conducting market studies, state statistics data, internal reporting data of the undertaking (if any), information on the state and trends of the market, price level and price dynamics with the identification of factors of influence, etc. may be collected.

Moreover, AMCU may conduct consumer surveys to address a specific issue. The surveys are conducted using paper questionnaires and by posting electronic questionnaires on AMCU's official website.

Duration of studies

AMCU state that there is no legislative requirement to complete market studies within a set time period but typically studies are completed within a timeframe of one to two years.

Box 3.1. Market studies in AMCU

The AMCU Law (art. 7.1.11) grants AMCU with powers to conduct, among other things, market studies and determine the boundaries of the product market (in the media sector) according to methods agreed with the National Council of Ukraine on Television and Radio Broadcasting.

During the market research (analysis), the Committee (its territorial branch) collects all information available from publicly available sources (the Internet, statistics bodies or market mass media, etc). This allows determining the specifics and features of the functioning of the market.

The result of the market analysis is the identification of problematic issues in its functioning and the need for in-depth research. Methodology for such research was adopted by AMCU in 2012.

According to responses to the OECD questionnaire, the AMCU performed the following number of research in the reported period:

AMCU website has a dedicated section where information on such market research is published. The reviewing team was able to identify the following reports by years:

Table 3.2. Market studies reports carried out by AMCU (2017-2023)

Year	Study
2023	Report on the results of research on the national market of chicken eggs in shell 2016 - 2020 (21 March)
2021	Report on the results of the study of the market of railway switches (7 September )
	Report on the results of the study of the school bus market (21 July)
	Report on the results of the study of the grain storage services market in Khmelnytskyi region (24 May)
2020	Report "Identification and termination of anti-competitive practices during quarantine measures introduced due to COVID-19", created based on the results of monitoring compliance with competition law by pharmaceutical market participants (9 December).
	Report on the results of the study of the markets of glass bottles for medicines (20 November)
	Report on the results of the banking market research (2 November)
2019	Chicken market research report 2016-2018 (12 November)
	Report on the results of the outdoor advertising market research (30 May)
	Report on the results of a study of the impact of actions of local governments (regarding the lease of municipal property) on competition in regional pharmaceutical retail markets (24 January)
	Report on the results of the research on the market for freight transportation by rail (17 January)
2018	Report on the results of the market research on the issuance and holding of lotteries (22 February)
2017	Report on the results of research on the markets of equipment and consumables for hemodialysis (1 November)
	Report on the results of research on the market of ship pilotage services (20 October)
	Report on the results of a market study of leisure and entertainment services (20 February)

Source: AMCU website.

3.1.2. Strategic overview of advocacy strategies

AMCU has broad advocacy powers in relation to the competition assessment of laws and regulations, enabling it to submit opinions on both proposed and existing policies. These competences align with the OECD Recommendation on Competition Assessment [OECD/LEGAL/0455] (2019[4]), which encourages countries to introduce appropriate processes to identify existing or proposed public policies that unduly restrict competition and consider more pro-competitive alternatives.

In addition, AMCU is among the competition authorities with enforcement powers towards state entities that engage in anticompetitive conduct. This equips the agency with effective tools to promote competitive neutrality principles in the regulatory framework, in line with the OECD Recommendation on Competitive Neutrality [OECD/LEGAL/0462] (2021[5]).

AMCU can issue opinions when requested by government, regulators or local authorities, as well as on its own initiative and regularly uses these powers to assess proposed laws and regulations. While central and local authorities are required to request an opinion from AMCU on draft laws that can have an impact on competition, there is no such obligation on Parliament. This limits the impact that AMCU can have on draft laws. While AMCU can initiate the assessment of laws on its own initiative, the lack of an obligation for relevant draft laws to be submitted to AMCU for review places an additional burden on the authority since it needs to monitor draft legislation itself.

Strengths of AMCU’s market study approach

AMCU’s market study process is a crucial tool for assessing competition dynamics and ensuring fair market conditions in Ukraine. The framework is comprehensive, allowing for proactive identification of competition concerns, informed policymaking and timely intervention in key sectors.

One of the strengths of AMCU’s approach is its systematic methodology, which includes both preliminary market analysis and in-depth studies. This two-step approach ensures that resources are efficiently allocated—only markets requiring further scrutiny undergo a full-fledged investigation. By structuring its studies in this manner, AMCU enhances its ability to focus on high-priority markets, such as its recent study of the national chicken egg market in 2023.

Another positive aspect is the flexibility in initiating studies, as AMCU can act on its own initiative, respond to stakeholder complaints, or follow requests from higher government authorities. This ensures responsiveness to emerging competition concerns, whether they originate from businesses, consumers, or policymakers.

AMCU also has broad information-gathering powers, enabling it to obtain crucial data from market participants, government bodies and external experts. The ability to request restricted information and conduct consumer surveys strengthens the depth and reliability of its findings. The use of advanced analytical methods such as correlation analysis and factor analysis further enhance the rigor of its assessments.

Additionally, AMCU’s ability to make recommendations and influence policy is a significant advantage. Market studies not only identify competition concerns but also provide a foundation for legal and regulatory reforms. By making recommendations to government agencies and participating in legislative drafting, AMCU plays an active role in shaping Ukraine’s competition policy.

Challenges and limitations

Despite these strengths, AMCU’s market study process also faces several challenges.

One key issue is the lack of fixed timelines. While studies typically take one to two years, the absence of a legal deadline may result in delays, particularly in cases requiring extensive data collection and analysis. Long study durations can reduce the timeliness of interventions, potentially allowing anti-competitive practices to persist unchecked.

Another challenge is the potential for data limitations. While AMCU has extensive powers to collect information, market participants may not always provide accurate or complete data. There is also reliance on external sources such as state statistics and self-reported business data, which may have inconsistencies. Strengthening data verification mechanisms could improve the reliability of market study conclusions.

The effectiveness of market study outcomes is another concern. While AMCU can issue recommendations and highlight signs of competition law violations, enforcement actions depend on subsequent steps taken by relevant authorities. If recommendations are not implemented or investigations are delayed, the impact of market studies may be diminished.

3.2. Co-operation

3.2.1. Main co-operation initiatives

Domestic

AMCU oversees competition in regulated industries, works with regulators to enforce fair market access and assesses anti-competitive behaviour in liberalised markets. The main bodies with which AMCU has stablished domestic co-operation are contained in the Table below.

Table 3.3. Domestic co-operation of AMCU

Co-operation Body	AMCU's Role & Co-operation Mechanisms
Government (President, Cabinet of Ministers, Local Authorities, Regulatory Bodies)	AMCU provides legislative and regulatory proposals to promote competition; reviews and advises on draft regulations that may impact competition.
State Service of Ukraine on Food Safety and Consumer Protection	AMCU co-operates on cases involving unfair competition; requests expert opinions on non-compliant products; redirects consumer complaints outside its jurisdiction.
National Commission for State Regulation of Electronic Communications, Radio Frequency Spectrum and Postal Services (NCEC)	AMCU assesses competition issues in telecom and postal sectors; receives market analysis and regulatory input from NCEC.
National Energy and Utilities Regulatory Commission (NEURC)	AMCU investigates competition violations in energy and utilities; receives reports from NEURC on market conditions; collaborates on regulatory enforcement.
National Securities and Stock Market Commission & National Bank of Ukraine	AMCU ensures competition in financial services; co-operates in market regulation and consumer protection; prevents monopolisation in financial markets.
National Energy Company Ukrenergo & Transmission System Operators	AMCU monitors compliance with unbundling and market independence rules; ensures fair competition among market participants.

Source: OECD based on information sent by AMCU.

The liberalisation and competition policies in the financial, telecommunications and energy sectors in Ukraine share several common elements aimed at fostering effective competition, improving market efficiency, and aligning with European Union standards.

Regulatory Oversight & Co‑operation – Each sector is regulated by specialised national authorities: the National Securities and Stock Market Commission and the National Bank of Ukraine (financial sector), the National Commission for State Regulation of Electronic Communications, Radio Frequency Spectrum and Postal Services (telecommunications sector), and the National Energy and Utilities Regulatory Commission (energy sector). These authorities ensure market liberalisation, promote competition, and monitor compliance with relevant laws. They often co‑operate with AMCU to prevent monopolisation and anti-competitive behaviour.

Market Liberalisation & Competitive Environment – Legislative reforms in all three sectors aim to reduce market entry barriers, enhance investment attractiveness and encourage fair competition. The financial sector introduced new investment instruments; the telecommunications sector assesses market competitiveness and imposes ex-ante obligations where necessary; and the energy sector has implemented unbundling measures to separate market activities and prevent conflicts of interest.

Consumer Protection & Fair Pricing – Each sector incorporates mechanisms to safeguard consumer interests, such as preventing unfair pricing and ensuring non-discriminatory access to services. In telecommunications, unified settlement tariffs were introduced; in energy, regulations ensure transparency in electricity and gas market operations; and in financial services, supervision includes consumer protection legislation.

Harmonisation with EU Standards – Reforms in all three sectors align with EU competition policies and regulatory frameworks, particularly through legislative updates such as Ukraine’s adoption of the EU’s Third Energy Package in the energy sector and the Association Agreement with the EU in telecommunications. This alignment strengthens Ukraine’s market integration with European economies.

International

The scope of AMCU’s activities extends exclusively to the territory of Ukraine. In case of detection of actions that may affect competition in other countries, AMCU may co‑operate with similar authorities of other countries to effectively regulate such actions and ensure compliance with competition rules on the basis of international treaties, ratified by the Ukrainian Parliament (Art. 22.2 of the AMCU Law). The information exchanged will be used by the competition authority solely for the purpose of performing its statutory tasks.

On 18 April 2023, AMCU signed a Memorandum on Regional Co‑operation in the Field of Competition Policy developed jointly with the Office of Competition and Consumer Protection of the Republic of Poland, the Czech Competition Authority, the Estonian Competition Authority, the Hungarian Competition Authority, the Competition Council of the Republic of Latvia, the Competition Council of the Republic of Lithuania, the Competition Council of Romania, the Antimonopoly Authority of the Slovak Republic and the Competition Council of the Republic of Moldova. It provides for a mechanism for notifying competition authorities of other countries of the commencement of proceedings regarding actions that may affect competition in their jurisdictions. On 7 December 2023 in Paris during the OECD Global Forum on Competition, an Annex to the Memorandum on regional co-operation was signed, which extends the initiative to the Austrian Federal Competition Authority.

As a member of ICN's working groups, namely Unilateral Conduct, Cartels and Agency Effectiveness, the AMCU participates in online events organised by these groups. The main purpose of attending those events is to learn from the experience and best practices of the ICN members worldwide and to get acquainted with the newest instruments used by competition authorities to improve their approaches to the challenges they face in their activities.

The AMCU also participates in meetings of the Intergovernmental Group of Experts on Competition Law and Policy of the United Nations Conference on Trade and Development (UNCTAD) (both in online and offline formats). The participation of the AMCU's representatives in the meetings is aimed at sharing the positive experience of competition authorities in the field of economic competition protection, which is of practical interest for the AMCU's enforcement activities.

As for the co-operation with OECD, AMCU regularly participates in the meetings of the OECD Competition Committee and its subsidiary bodies, and it regularly submits written contributions to the policy roundtables. Also, during April-November 2021, AMCU representatives participated as speakers in a number of training webinars organised jointly with the OECD. The general topic of these webinars was the prevention of bid rigging in public procurement processes.

In 2021-2023, AMCU co‑operated with the OECD as part of the implementation of the OECD Electricity Market Study in Ukraine project, which was conducted by experts from the OECD with financial support of the Delegation of the European Union in Ukraine. This co-operation concluded with a final version of the study (OECD, 2023[6]) being presented by OECD experts on 30 June 2023, during an online event attended by key stakeholders and project partners.

AMCU representatives actively participate in trainings offered by the Regional Centre for Competition that the OECD operates with the Hungarian Competition Authority. This Regional Centre offers every year between seven to eight capacity building trainings for Competition Agencies of Eastern Europe and Central Asia and is one of the key elements of strengthening of competition enforcement in the region.

Box 3.2. Success cases of international co-operation in AMCU

Referring to the mutually signed Memorandum of Co‑operation, in June 2023, the Office for Competition and Consumer Protection of the Republic of Poland sent a request to AMCU to prepare a legal opinion on the current and past legal status of the company investigated by the territorial office in Lodz. In response to the request, AMCU provided all the necessary clarifications regarding the company, which further facilitated the investigation of the Polish competition authority.

Within the framework of an AMCU investigation, a request was sent to the competition authority of the Czech Republic. The response of the Czech competition authority helped AMCU in determining the amount of the fine imposed on the undertaking.

Source: https://amcu.gov.ua/news/amku-oshtrafuvav-impuls-energo-sro-i-tov-savvat-za-antikonkurentni-uzgodzheni-diyi.

3.2.2.  Evaluating AMCU’s co-operation

The OECD Recommendation of the Council Concerning International Co-operation on Competition Investigations and Proceedings [OECD/LEGAL/0408] (2014[7]) from 16 September 2014, implies some commitments on the side of the countries and agencies.

In line with the commitment to effective international co-operation outlined in Section II, Adherents should strive to minimise obstacles to enforcement co-operation, such as restrictive legislation; promote transparency in rules and procedures; and align leniency or amnesty programmes to reduce inconsistencies that may hinder cross-border collaboration. To support these goals, the Competition Committee is instructed to serve as a forum for the exchange of views on co-operation matters, adopt internal and international provisions for the exchange of confidential information and co-operation agreements, explore enhanced co-operation tools such as joint investigations or lead agency models and monitor implementation efforts, reporting progress every five years.

The recent changes in Ukrainian legislation follow this recommendation.

Strengths of AMCU’s collaborative framework

AMCU has established a comprehensive co-operation network with domestic and international authorities, enhancing the enforcement of competition law and consumer protection. At the national level, AMCU works closely with government agencies, regulatory commissions and sector-specific bodies, ensuring that competition considerations are integrated into policy and decision-making. This co-operation allows for the effective monitoring of markets, such as energy, telecommunications and financial services, where regulatory oversight is crucial for maintaining effective competition. Additionally, AMCU’s authority to provide legislative recommendations to the President and the Cabinet of Ministers strengthens its role as a key player in shaping competition policy.

AMCU's engagement in consumer protection, particularly in collaboration with the State Service of Ukraine on Food Safety and Consumer Protection, is another significant advantage. By distinguishing between competition-related cases and those purely concerning consumer rights, AMCU ensures a more targeted and efficient enforcement strategy. Similarly, in network industries such as energy and telecommunications, co-operation with specialised regulators contributes to balancing market liberalisation with fair competition, fostering a more competitive environment. At the international level, AMCU’s efforts to engage with foreign competition authorities through memoranda of understanding (MoUs) and regional co-operation agreements improve cross-border enforcement and information sharing, which is particularly relevant given Ukraine’s alignment with EU competition policies.

Challenges and limitations

In accordance with Sections III and IV on Consultation and Comity to the Recommendation of the OECD Council Concerning International Co-operation on Competition Investigations and Proceedings [OECD/LEGAL/0408] (OECD, 2014[7]) Adherents should engage in consultations when their enforcement actions may affect another jurisdiction's interests and should give due consideration to requests for dialogue regarding anticompetitive practices or mergers with cross-border implications, with the aim of finding mutually acceptable solutions while respecting national sovereignty. Under Section V, they should promptly notify other jurisdictions when investigations or proceedings may impact their significant interests, ensuring that such notifications are timely, sufficiently detailed and conveyed through effective communication channels. Section VI calls for the co-ordination of investigations or proceedings in cases involving the same or related conduct or mergers, which may include aligning procedural timelines, sharing assessments and collaborating on remedies. In line with Section VII, Adherents should facilitate the exchange of relevant information—whether public, internal, or confidential—encouraging the use of confidentiality waivers and considering legal frameworks to enable secure information sharing. Finally, as set out in Section VIII, Adherents are encouraged to provide investigative assistance to foreign competition authorities, including obtaining evidence, serving documents, or conducting searches, even in the absence of a parallel domestic investigation, while ensuring adherence to due process and confidentiality safeguards. There is room for improvement on those sides due to some limits on Ukrainian legislation.

In cases involving cross-border competition violations, co‑ordination with foreign competition authorities is essential, yet complex. To address these challenges, AMCU should analyse the possibility of entering into additional MOUs with neighbouring agencies that allow for this type of co‑operation or include those clauses in agreements they already have.

References

[3] OECD (2025), OECD Competition Trends 2025, OECD Publishing, Paris, https://doi.org/10.1787/8c4bd00b-en.

[6] OECD (2023), Competition Market Study of Ukraine’s Electricity Sector, OECD Publishing, Paris, https://doi.org/10.1787/f28f98ed-en.

[5] OECD (2021), OECD Recommendation on Competitive Neutrality [OECD/LEGAL/0462], https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0462.

[1] OECD (2019), Competition Assessment Toolkit: Principles. Version 4.0 (Volume I), OECD Publishing, Paris, https://doi.org/10.1787/5f9fa6ca-en.

[4] OECD (2019), Recommendation of the Council on Competition Assessment, OECD/LEGAL/0455, https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0455.

[2] OECD (2018), Market Studies Guide for Competition Authorities, OECD Publishing, Paris, https://doi.org/10.1787/7381b582-en.

[7] OECD (2014), Recommendation of the Council Concerning International Co-operation on Competition Investigations and Proceedings, OECD/LEGAL/0408, https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0408.

Notes

← 1.  Article 20 of the AMCU Law. Regulation on the Procedure for Approval by the Antimonopoly Committee of Ukraine of Decisions of Government Authorities, Administrative and Economic Management and Control Bodies, and Local Self-Government Bodies on Economic Demonopolisation, Development of Competition and Antimonopoly Regulation, approved by the Order of the Antimonopoly Committee of Ukraine as of 1 April 1994 No. 4-p, registered at the Ministry of Justice of Ukraine on 20 April 1994 under No. 78/287 (as amended).

← 2.  Article 7 of AMCU Law.

← 3.  Article 7 of AMCU Law.

← 4.  Article 20 of AMCU Law.

← 5.  Article 7.14 of the AMCU Law. According to Article 15 of the Competition Law, anti-competitive actions by central or local authorities are prohibited.

← 6.  Subject to the provisions of the recommendations, if the violation has not led to a significant restriction or distortion of competition, has not caused significant damage to individuals or society, and appropriate measures have been taken to eliminate the consequences of the violation, proceedings on competition law violations are not initiated, and the initiated proceedings are closed.

← 7.  The relevant procedure for their review is set out in the Methodology for Tracking the Effectiveness of Regulatory Acts approved by Resolution of the Cabinet of Ministers of Ukraine No. 308 from 11 March 2004.

← 8.  Order No.117 of the Chairman of the Antimonopoly Committee of Ukraine from 14 November 2017.

← 9.  Final report of the project available at https://www.oecd.org/en/publications/fighting-bid-rigging-in-public-procurement-in-the-energy-sector-in-ukraine_1879daee-en.html.

← 10.  https://amcu.gov.ua/npas/posibnik-dlya-suddiv-zahist-ekonomichnoyi-konkurenciyi.

← 11.  Typical Requirements for Vertical Concerted Actions of Entities Concerning the Supply and Use of Goods, approved by Order of the Antimonopoly Committee of Ukraine No. 10-рп from 12 October 2017, registered at the Ministry of Justice of Ukraine on 09 November 2017 under No. 1364/31232.

← 12.  Typical requirements for concerted actions of undertakings in the field of technology transfer, compliance with which allows carrying out these concerted actions without the permission of the Antimonopoly Committee of Ukraine's authorities (AMCU Order No. 21-рп from 09 November 2018).

← 13.  Typical requirements for concerted actions of undertakings regarding joint scientific research and/or experimental design work, compliance with which allows carrying out these concerted actions without the permission of the Antimonopoly Committee of Ukraine's authorities (AMCU Order No. 557-р from 15 August 2012).

← 14.  Methodology for determining monopoly (dominant) position of undertakings in the market, approved by the Order of the Antimonopoly Committee of Ukraine No. 49-p as of 5 March 2002, registered with the Ministry of Justice of Ukraine on 01 April 2002 under No. 317/6605; “Order of AMCU as of 5 March 2022 No. 49-p on the Approval of the Methodology for Determining the Monopoly (Dominant) Position of Undertakings in the Market" (as amended).

← 15.  Recommendation clarifications on the peculiarities of determining the commodity market boundaries in the presence of signs of sole or collective power of the buyer as of 24 October 2023 No. 3-рр.

← 16.  Recommendation Clarifications on the Procedure for Application of Part One of Article 25 of the “Law of Ukraine on the Protection of Economic Competition" (regarding assessment of horizontal concentrations) (AMCU Order No. 49‑рр as of 27 December 2016); Recommendation Clarifications on the Procedure for Application of Part One of Article 25 of the Law of Ukraine on the Protection of Economic Competition (regarding assessment of non-horizontal concentrations) (Order of AMCU No. 13-рр from 16 March 2018).

← 17.  The Procedure for Settlement in Cases of Anticompetitive Concerted Actions and Abuse of Monopoly (Dominant) Position in the Market, approved by the Order of the Antimonopoly Committee of Ukraine No. 18-рп as of 30 November 2023, registered at the Ministry of Justice of Ukraine on 27 December 2023 under No. 2260/41316.

← 18.  Order of the Antimonopoly Committee of Ukraine as of 30 November 2023 No. 19-рп on the Approval of the Procedure for Exemption from Liability for Violation of Legislation on Protection of Economic Competition in the Form of Anti-Competitive Concerted Actions, (leniency) registered at the Ministry of Justice of Ukraine on 02 January 2024 under No. 2/41347.

← 19.  Order of the Antimonopoly Committee of Ukraine as of 07 December 2023 No. 21-рп on the Approval of the Procedure for Conducting Inspections of Undertakings, Associations, Authorities, Local Self-Government Bodies, Administrative and Economic Management and Control Bodies by the Antimonopoly Committee of Ukraine, its Territorial Branches, registered at the Ministry of Justice of Ukraine on 01 February 2024 under No. 3/41348.