This Peer Review of Ukraine’s Competition Law and Policy assesses the country’s progress in aligning its competition framework with OECD standards and international best practices. Over the past decade, Ukraine has made notable strides, particularly in detecting bid-rigging and reviewing mergers. However, further reforms are needed to ensure a credible, transparent, and effective competition authority capable of promoting dynamic markets and safeguarding consumer welfare.
Key Insights
1. Enforcement Effectiveness Requires Strengthening – While the Anti-Monopoly Committee of Ukraine (AMCU) has achieved significant outcomes, its enforcement strategy is narrowly focused, and investigative powers remain limited. Expanding unannounced inspections and searches, ensuring professional independence, merit-based leadership, and sustainable funding are critical for institutional continuity and robust enforcement.
2. Analytical Rigor and Procedural Safeguards Need Enhancement – Competition assessments often rely on formalistic legal reasoning rather than economic analysis. Incorporating factors such as barriers to entry, buyer power, and innovation effects would better reflect market realities. At the same time, due process and procedural fairness must be reinforced to maintain credibility.
3. Sanctions and Compliance Incentives Are Insufficient – Current penalties in Ukraine do not provide a credible deterrent. Aligning fines with international benchmarks based on turnover, severity, and duration, alongside stronger collection mechanisms, would enhance deterrence and encourage compliance.
4. Case Allocation, Whistleblowing, and Merger Control Require Reform – Efficient case prioritization between central and regional offices is a challenge, particularly for high-impact sectors such as energy, telecommunications, and digital markets. Strengthening whistleblower protections and leniency programs would improve cartel detection. Merger control thresholds need updating, and substantive assessments must ensure that transactions likely to harm competition are carefully scrutinized.
5. Transparency, Advocacy, and International Cooperation Are Vital – AMCU’s credibility depends on transparent decision-making, impact-focused reporting, and strengthened advocacy powers to influence broader government policies. Greater international cooperation would support cross-border enforcement, especially for cartel investigations and merger reviews.
In conclusion, Ukraine’s competition regime has evolved positively, yet reforms are necessary to consolidate progress. By enhancing enforcement capacity, improving analytical rigor, strengthening sanctions, streamlining case allocation, and reinforcing transparency and advocacy, Ukraine can further promote fair and competitive markets, foster innovation, and embed competition principles across the economy. These measures will also strengthen alignment with OECD standards and enhance institutional resilience amid ongoing economic and geopolitical challenges.