The Anti-Monopoly Committee of Ukraine is obliged to publish its decisions

On 12 November 2015, the Ukrainian parliament adopted amendments to its laws, according to which the Anti-Monopoly Committee of Ukraine (AMCU) shall publish its decisions on its website within 10 working days of the date upon which the decision was taken.

The publishing of these decisions is intended to make the authority’s work clearer and more transparent. In addition, it should ensure that the AMCU’s decisions can be analyzed and help the market players to understand the regulator and its approaches.

The following decisions are to be published on the official website of the AMCU (http://www.amc.gov.ua/):

1. Decisions on concentrations or concerted actions (e.g. decision on granting merger clearance);
2. Decisions on violation of the laws regarding unfair competition.

In addition, the AMCU is required to publish its internal orders upon acceptance of the application for approval of concentrations or concerted actions (this shall only include the company name and type of concentration or concerted action involved).

It is highly important for the applicants that the decisions be published without confidential information. However, the applicant or another party involved in the case shall prove to the authority that it is necessary for the information provided to be treated as confidential and shall also prove that the publishing of this information could result in damages for the party.

The new regulations will come into effect in three months after publication of the law.