In the context of a developing market economy, the role of antitrust authorities to protect economic competition is constantly increasing—not only as a guarantee of fair competition, but also as a safeguard against abuse of monopoly power. The Antimonopoly Committee of Ukraine (AMCU) has one of the most effective instruments for influencing unscrupulous market players: fines. The application of fines, mechanisms of calculation, dynamics, case studies, and their impact on Ukrainian business illustrate the real state of competition policy in the country.

Legal Basis for the Application of AMCU Fines

The provisions regulating the use of fines are detailed in the Law of Ukraine “On Protection of Economic Competition.” According to Article 52, fines may be imposed on legal and natural persons, as well as groups of companies, for engaging in anticompetitive concerted actions, abuse of dominance, unfair competition, failure to provide information upon AMCU’s request, and other violations.

Key regulatory points:

• For most types of violations, the fine may reach up to 10% of the business entity’s annual income (revenue) in the year preceding the fine.
• If illegally obtained profit exceeds 10% of the income, the fine may be set at triple the illegally obtained profit.
• From 2024, a new “Procedure for Determining the Amount of Fine” has come into force, which details the algorithm for calculation: determination of the base amount, adjustment according to circumstances, and establishment of upper limits.
• The establishment of maximum limits, detailed justification, and weighing circumstances that increase or reduce liability have provided legal certainty for business and predictability of decisions.

Trends and Main Patterns in the Imposition of Fines

Analytics of AMCU’s fining practices show the following trends:

• 2021: 485 decisions totaling UAH7.2 billion—mainly for anticompetitive concerted actions, abuse of monopoly position, and unfair competition.
• 2022: Due to the war, 203 decisions totaling UAH557.9 million (a “lull” due to crisis and organizational overload).
• 2023: 651 decisions totaling almost UAH2.6 billion—renewed intensified committee activity, and the trend toward increasing fines continues.
• 2024: Another record year with 1,146 decisions for violations of competition law, 67% more than in the previous year. This indicates the AMCU’s consistent focus on cleansing the market of collusion, monopolistic, and unfair influences on market conditions.

Main types of violations resulting in fines:

• Collusive practices in bidding, tenders, and auctions.
• Abuse of dominant (monopoly) position (imposing unfavorable terms, setting inflated prices, unjustified refusals to supply goods, etc.).
• Concerted actions of enterprises aimed at limiting competition.
• Violations of concentration procedures (mergers, acquisitions without permission).
• Unfair competition (false advertising, dissemination of false information, copying trademarks).

Special Features of Fine Determination

The mechanism for calculating fines consists of several key stages:

• Determining the base amount—based on the company’s financial performance related to the violation.
• Adjustments—considering factors that may increase or decrease liability (e.g., seriousness of consequences, repeat violations, cooperation with investigation, voluntary termination of the offence, etc.).
• Establishment of upper limits—the fine may not exceed 10% of revenue for the previous year.
• For collusion between competitors in tenders—maximum fines are imposed, as such actions are most detrimental to competition.

Recent years’ changes in the procedures for determining the amount of the fine have led to greater fairness and justification of sanctions, which used to face significant criticism for selectivity and lack of transparency.

Notable AMCU Practice Examples in Recent Years

Noteworthy cases in the recent period:

• March 2025: The AMCU allowed the deferral of fines for several companies (PJSC “Boryslav Plant REMA”—UAH8.29 million, LLC “Hayeivskyi Pharmacy”, PJSC “Novomoskovsk Mineral Water Plant”) for concerted actions in bidding. This is an important precedent, demonstrating AMCU’s flexibility in supporting businesses under difficult financial conditions.
• June 2024: Over UAH11 million in fines for companies involved in collusion during public procurement of social infrastructure in Kyiv region.
• January 2025: UAH54.2 million in fines for participation in collusion in three public tenders. During the year, several similar fines were imposed on public procurement participants, confirming AMCU’s focus on cleaning the public market from cartel schemes.
• 2023: Major fines were imposed on gas and energy companies for price inflations and imposing unfavorable terms on consumers, as well as for mergers without AMCU approval.

These cases highlight the relevance of responsibility for violations and the committee’s influence on structural markets—from the social sector and energy to pharmaceuticals.

Current Challenges, Problems, and Prospects

• Judicial practice: a significant portion of AMCU decisions are challenged in courts, delaying enforcement of fines and creating risks for their collection.
• Financial capacity of offenders: during war and economic crises, many companies face the inability to pay large fines at once, prompting the AMCU to offer payment deferrals and restructurings.
• Ambiguity in interpretation of certain provisions: despite the detailed Procedure for determining fines, disputes sometimes arise over the interpretation of competition law norms.

Improvement of calculation methods and transparency, as well as balancing severity of sanctions with support for legitimate business, remain pivotal for the market’s future and its stable development.

Author — Maksym Bahniuk, Head of Tax and Customs Law Practice at the Law Firm Association «WINNER Legal Company».