News date: 4 November 2024
Oleksandr Fefelov, Partner, Head of Antitrust and Competition, and Valeriia Gudiy, Partner at Ilyashev & Partners Law Firm, presented at the XII Annual Forum of Legal Counsels in Kyiv on 30 October 2024. The event was organized by Yurydychna Praktyka Publishing House.
In his report entitled “Economic Competition: What the AMCU Fines for During Wartime”, Oleksandr Fefelov spoke about the main groups of violations for which the Antimonopoly Committee of Ukraine (AMCU) imposes fines on businesses, the procedure for calculating fines, and ways to reduce them. Oleksandr, in particular, provided examples of the largest fines imposed by the AMCU in 2023. He noted that over 75% of the fines were imposed on energy companies. The principal amount of fines was imposed by the Committee for anti-competitive concerted actions.
“In 2024, the trend regarding acknowledged violations remains unchanged. Mainly, they relate to bid rigging. In such cases, the AMCU mostly refers to circumstantial evidence, such as companies’ location on the same premises, similarities in the preparation of tender offers, use of the same means of communication, loans and other financial agreements, beneficiary relations, joint business activity. This position of the Committee puts businesses in a vulnerable position, since circumstantial evidence does not always confirm bid-rigging, it may be just a coincidence. Even without intent, companies can be fined for suspicions not substantiated by direct evidence. This can lead to punishment for bona fide market players,” said Oleksandr Fefelov.
Valeriia Gudiy moderated the session “Professional Efficiency”. She raised such issues as organizing law departments during the war, as well as the tasks in-house lawyers face in wartime.
The session participants, including representatives of the legal departments of the largest Ukrainian and international companies and partners of law firms, discussed the peculiarities of legal support for companies entering the European Union market, the implementation of AI technologies in foreign economic activity and the arbitration process, GR elements in the work of lawyers taking into account the new legislation.
The XII Annual Forum of Legal Counsels is a key specialized event of the year, serving as a platform for communication between and exchange of professional experience by representatives of the law departments of the largest Ukrainian and international companies operating on the Ukrainian market, as well as significant players in the legal business and government officials.