On 14 February 2011, the Antimonopoly Committee of Ukraine (the “AMC”) adopted changes to its Rules of Review of the Applications and Cases Concerning Infringement of the Legislation on the Protection of Economic Competition N 84-р (the “Order”).
The Order changes the administrative review and verification procedures conducted by the AMC with respect to its previously-adopted decisions, so as to make such procedures compliant with the requirements of the Law on Protection of the Economic Competition (the “Competition Law”).
The main changes introduced by the Order include:
- A more transparent and clearly structured verification procedure of the decisions adopted by the AMC/its territorial subdivisions. In particular, the statutory period during which an application for verification of a decision by AMC may now be submitted to the AMC by a participant in that case is up to two months after the relevant AMC decision was received by the applicant; and
- A detailed outline of the procedure of administrative review of the decisions adopted by the AMC/its territorial subdivisions. Prior to the adoption of the Order, the administrative review procedure was regulated in a very general manner by Competition Law only. However, although the administrative review procedure has now been made clearer by the Order, certain issues remain unresolved. In particular, it remains unclear which parties may apply for review of an AMC decision, i.e. whether it is parties to the investigation only, or any person whose interests are affected by the contested decision.
The Order was registered with the Ministry of Justice of Ukraine on 09 March 2011 and shall become effective after its official publication, which is expected by the end of March.
Regulation: Order of the Antimonopoly Committee of Ukraine on Approval of the Changes to the Rules of Review of the Applications and Cases Concerning Infringement of the Legislation on the Protection of Economic Competition N 84-р dated 14 February 2011.