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Legal Alert: Higher Fines for and Stronger Focus on Unfair Competition Practices

On February 16, 2016, Antimonopoly Committee of Ukraine (AMCU) amended the Guidelines on the determination of fines for competition law infringements.

Practically, AMCU expanded the sphere of the Guidelines application to unfair competition practices.

Over the last years, AMCU has not been very active in the area of unfair competition. Misleading information (including unfair advertising practices) has been the main area of investigations. The maximum fine has never exceeded UAH 7.6 M (applied in 2012, approximately USD 1 M at that point), while the average level of fines was in the range from UAH 10,000 to 50,000 only.

In our opinion, the amendments to the Guidelines are not just a formal step from AMCU side, but rather a sign of much stronger focus of the Committee on the area.

Read or download the full Alert.