March 2024 – A leniency procedure has been in place in Ukraine for many years. However, available data suggests it has been severely underutilised. A recent first stage of competition law reforms in Ukraine introduced, among other things, an improved leniency policy. The changes, implemented in February 2024, are aimed at aligning the respective local regulations more closely with EU laws.
The most noteworthy changes include:
- in addition to full immunity for a first applicant, the programme offers a reduction in fines for other cartel participants applying for leniency;
- the possibility to conduct anonymous preliminary consultations with the regulator;
- a detailed procedure for obtaining a marker.
In a nutshell, the process will be made more transparent, offering greater guarantees to parties opting for a leniency procedure. Even though legal experts maintain that there is room for further improvement, the new procedure undoubtedly represents a significant step forward.
For more details, please see our leaflet covering this topic in English and Ukrainian below.
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