On 4 October 2012, the Ukrainian Leniency Procedure was finally adopted by the Antimonopoly Committee of Ukraine (AMC), coming into immediate effect.

Unlike in some other jurisdictions, in Ukraine leniency remains available after the AMC initiates an investigation, but not after the so called “preliminary conclusion” is issued (such preliminary conclusions are issued at a very late stage of the investigation process, informing the cartel members of the authority’s formal position).

The new Leniency Procedure introduces the marker system, making the procedure significantly more transparent, thereby giving businesses something of a covenant if they indeed were the first to ‘blow the whistle’. As an illustration, the marker issued by the designated AMC’s State Commissioners to the applying undertaking’s representative would warrant priority to the first to “blow the whistle”. What is more, applicants can be awarded with the marker and continue their cartel activity with a view of obtaining more evidence that would enable them to prove the violation.

This a guest post by Dmitry Taranyk, Counsel at Sayenko Kharenko.