Modern businesses are increasingly facing inspections from the Antimonopoly Committee of Ukraine (AMCU). Such a visit can be a challenge not only for the legal department but the entire company. Being prepared for inspection, knowing your rights and obligations, and developing a thoughtful strategy for interaction with regulatory authorities are key to safeguarding the business, its financial resources, and business reputation. Below is a detailed overview of what to do when AMCU representatives appear, what risks businesses may face, how to behave during an inspection, and how to minimize potential consequences.

Reasons and Grounds for Inspection

The AMCU may initiate both scheduled and unscheduled inspections. Scheduled inspections usually apply to large companies (with turnover or assets over EUR500,000 in the previous year), while most SMEs fall outside their control zone. Unscheduled inspections can be triggered by complaints from consumers/competitors, monitoring results, media publications, requests from law enforcement, or other signs of antitrust violations.

The AMCU’s powers include:

• Unrestricted access to the company’s premises.
• Obtaining originals and copies of any documents, including those marked “commercial secret.”
• Requiring written and oral explanations from company officials and employees.
• Seizing and arresting material and written evidence, as well as electronic data carriers.
• Sealing premises, prohibiting movement of documents and items during the inspection.

Denial of access or obstruction can lead to a fine of up to 1% of the previous financial year’s annual income. In some cases, stricter measures may be applied, such as involving the police to overcome obstacles.

Action Algorithm during AMCU Inspection

1. Meeting the Inspectors
   • Verify the authenticity of IDs and documents (warrant, order) authorizing the inspection. Record all data, conduct official photo or video documentation of the start of the inspection.
   • Learn the essence and purpose of the inspection, reasons, and scope of inquiry.
2. Legal Support
   • Engage internal or external legal counsel—preferably a competition law specialist.
   • Ensure the presence of an independent representative/witness during the inspection to document the inspectors’ actions.
3. Document Handling
   • Provide documents strictly upon request, keeping a record of what is handed over (especially originals).
   • Upon request for documentation or information, analyze the requirements carefully. If necessary, immediately request an extension for data collection, partially provide available information (demonstrating lack of sabotage).
   • Engage specialists to verify the correctness and relevance of inspectors’ requests, contest invalid or overly broad demands if justified.
4. Communication with AMCU Representatives
   • Do not avoid communication: refusing to provide explanations or cooperate may be interpreted as obstruction and lead to a fine.
   • All explanations should be well-considered—consult a lawyer before responding.
   • If conflict arises, take your time and use your right to prepare a written response.
5. Dealing with Confidential Information
   • The AMCU may request and obtain documents containing commercial secrets.
   • Record the fact of providing such information; clearly warn inspectors about its confidential nature.
   • Do not provide any documentation unrelated to the inspection subject without an official written request.
6. Completing the Inspection
   • Document all commission actions in the relevant report (protocol); state your written objections regarding the inspection process or content if needed.

What Not to Do During an Inspection

• Do not panic or offer physical or verbal resistance—these are grounds for severe penalties.
• Do not sign unclear or incorrect documents; request time for review and advice.
• Do not hand over documents or information without officially recorded requests.
• Do not destroy documents or hide necessary information—this may expose you to additional, including criminal, sanctions.

Challenging AMCU Actions and Judicial Prospects

If, during or after the inspection, decisions or actions are made that the company considers illegal or wrongful, they can be appealed in court. Complaints and petitions to the AMCU Chairperson or territorial manager (for procedural issues or improper requests) are also effective means of legal opposition. Appealing fines or infringement decisions is a separate complex process requiring competent lawyers.

Preventive Measures: How to Prepare in Advance

• Conduct an internal audit of your activities for compliance with competition law, especially concerning pricing arrangements, tenders, or abuse of market power.
• Implement compliance policies: train personnel, create clear procedures for interacting with the regulator.
• Keep documents up to date; ensure proper legal accounting of paper and electronic correspondence.
• Appoint staff responsible for interaction with regulatory bodies; designate official representatives for communication with the AMCU.

Professional Assistance and Useful Actions

• Use the opportunity to obtain the AMCU’s official position regarding the compliance of your actions with antimonopoly law (advisory or opinion letters).
• In complex situations, seek attorneys experienced with the AMCU, especially for preparing responses to requests or judicial appeals.

Conclusion

An AMCU visit is not a disaster if you are prepared. An informed business can not only assert its rights but also avoid unnecessary sanctions. It is crucial to know your rights, not to panic, communicate with the regulator constructively, document all actions, not hide or destroy information, and develop a competition strategy in line with the law. Preventive action remains the best strategy for minimizing risks and losses during an antimonopoly inspection.

Note: This article focuses on the main practical, legal, and organizational aspects of AMCU inspections in Ukraine, reflecting current practice, legislation, and expert recommendations.

Author – Maksym Bahniuk, Head of Tax and Customs Practice at the Law Firm “WINNER“.