THE EXPERT GUIDE: COMPETITION & ANTI-TRUST LAW 2016 HAS PUBLISHED THE ARTICLE “OVERVIEW OF CHANGES TO THE MAIN DOMESTIC COMPETITION LEGISLATION OF UKRAINE” WRITTEN BY Partner NATALIIA ISAKHANOVA, Senior Counsellor MYKOLA BARASH and Counsellor IVAN PODPALOV

Competition & Antitrust Law 2016 Expert Guide provides in-depth expert analysis on the latest changes and interesting developments around the world. Highlighted topics include: an analysis on Canada’s Competition Act, a discussion on the need for Antitrust Private Enforcement in Brazil, and the latest on cartel enforcement in South Africa. Featured countries are: Brazil, Canada, Germany, South Africa, Spain, Ukraine and USA.

Ukraine has a well-established system of protection of competition and relatively comprehensive legislation in this field. The legal basis of support and protection of economic competition is set within such frameworks, along with the restriction of the monopoly in business. It is aimed at providing the effective functioning of Ukrainian economy on the basis of development of competitive relations.
The main aim of Competition Legislation and Policy in market economy today is development and protection of competition. It is clear that the process of improvement of Competition Legislation and Policy is not isolated and is associated with the development of other components of the economic, social, trade and investment policies.

In January 2016 the Economic Part of the Association Agreement between Ukraine and the EU has finally come into force. It provides political association and economic integration between the Parties. Political and Economic parts of the Agreement were signed in March and June 2014. In September 2014 the European and Ukrainian Parliaments simultaneously ratified the Agreement. Subsequently, since 1 November 2014 a number of provisions of the Political Part of the Association Agreement came into force temporarily. The Association Agreement is the first example of a new generation of agreements between the EU and countries of Eastern Partnership. It is focused on key reforms, recovery and economic growth and cooperation in a number of sectors, including energy; transport; environmental protection; industrial cooperation; social development and protection; equal rights; consumer protection; issues of education, youth and cultural cooperation. Particular attention was devoted to human rights and fundamental freedoms, the rule of law, democracy, market economy and sustainable development.

In accordance with the provisions of the Article 256 Chapter 10 “Competition” of the Association Agreement a number of regulations of the EU Council and the EU Commission for the protection and development of economic competition are subject for implementation in Ukrainian Legal System.
Ukraine has already made first steps toward approach of Competition Laws and Law Enforcement Practices to EU standards by amending existing Laws and Regulations.

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