On December 17, 2020, Marchenko Partners organized a webinar on the topic “Antitrust Law Infringements: How to Compensate Damages? Excessive Interchange Fee as an Example”.
Our Antitrust team members talked about the possibility to compensate damages caused by violations of antitrust laws. Such compensation can serve both as an effective tool to help the affected companies and as a serious deterrent for violators. There are many relevant high-profile cases in the EU and the US, where numerous affected companies received substantial compensation.
However, it is a common misconception that it is not possible to recover such damages in Ukraine. In fact, Ukrainian legislation allows to seek compensation for double damages caused by violations of antitrust laws and there are already several relevant cases in place.
Oleksandr Aleksyeyenko, Partner at Marchenko Partners, and Sviatoslav Henyk, Senior Associate at Marchenko Partners, discussed whether it could be possible to flip a situation from the one in which you significantly overpay a monopolist or a cartel, to the opposite, in which the infringers will be forced to compensate double damages.
Potentially excessive interchange fee rates in Ukraine were used as an example for the discussion.