Feedback from the public

ESR

2.2.5.4. To encourage disclosure of cartels, the mechanism of exemption or mitigation of liability of cartel members who report the cartel to the Antimonopoly Committee and provide relevant evidence has been improved on the basis of best practices of the European Union

Problem solving:

2.2.5. Insufficient information about the activities of the Antimonopoly Committee of Ukraine and the fact that it is vested with a number of discretionary powers complicate public control over its activities and cause a high level of corruption risks. There is no effective program to mitigate the liability of cartel members who have reported the cartel and provided evidence.

Deadlines for all measures within ESR

01.06.2023 - 31.12.2023

Implementation of SACP measures within ESR

Total number of measures – 1

Partially implemented

Implementation of SACP measures within the scope of the Problem by main main performers

Antimonopoly Committee of Ukraine

100%

Summarized general information on Measures

№	Name of the measure	The main implementer	Co-implementors	Performance indicator	Monitoring results (latest)	Статус
1	2.2.5.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to improve the mechanism of exemption from or mitigation of liability and stipulate that: 1) in order to be exempted from liability for concerted anticompetitive actions, the party involved in such actions must notify the Antimonopoly Committee sooner than the other parties involved in such actions about such concerted anticompetitive actions and submit an application seeking exemption from liability, which must be submitted before the issuance of the preliminary conclusions in this case; 2) the person who engaged in concerted anticompetitive actions and submitted the application seeking exemption from liability to the Antimonopoly Committee sooner than the other parties involved in such actions shall be fully exempted from liability for committee such concerted anticompetitive actions, if this person: has disclosed such concerted anticompetitive actions to the Antimonopoly Committee; has discontinued their involvement in the concerted anticompetitive actions no later than the date of submission of the application seeking exemption from liability, except where such involvement in the anticompetitive actions is needed in order to ensure the integrity of examination of the case; has cooperated with agencies of the Antimonopoly Committee; has presented the relevant evidence which the Antimonopoly Committee did not possess; 3) any party involved in concerted anticompetitive actions may file an application with the Antimonopoly Committee seeking mitigation of liability by presenting the relevant evidence of the commission of concerted anticompetitive actions, which is of material significance for the issuance of a decision in this case and which the Antimonopoly Committee did not possess, as long as this party has disclosed such concerted anticompetitive actions to the Antimonopoly Committee; has suspended their involvement in the concerted anticompetitive actions no later than the date of submission of the application seeking exemption from liability; has cooperated with agencies of the Antimonopoly Committee; 4) the grounds and procedure for exemption from liability or mitigation of liability shall be established by the Antimonopoly Committee; 5) the procedure for exemption from liability or mitigation of liability shall define the procedure for documenting the submission of applications seeking exemption from liability or mitigation of liability, and the requirements for the format of such applications; 6) the information that exposes concerted anticompetitive actions and is of material significance of the issuance of a decision in the case shall include, in particular, the details of the applicant; information about all known parties involved in the concerted anticompetitive actions; a detailed description of the purpose and nature of the concerted anticompetitive actions; information about the boundaries of the commodity market affected by them; the market share covered by them; a description of contacts and interactions among the parties involved in the concerted anticompetitive actions; information about evidence of the concerned anticompetitive conduct; 7) officials and officers of the Antimonopoly Committee are prohibited from disclosing information about the applicant and the information reported by them; 8) the Antimonopoly Committee shall examine cases involving exemption from liability or mitigation of liability as well as inform the applicants about the decision to apply (or deny the application) of the program of exemption from liability or mitigation of liability within the time frame established by the Antimonopoly Committee; 9) the persons exempted from liability shall not be subject to the requirements of the Law of Ukraine On Public Procurement pertaining to the prohibition from participating in the procurement process due to the commission of concerted anticompetitive actions, except for the persons who repeatedly engaged in concerted anticompetitive actions; 10) in case of mitigation of liability, the fine amount shall be reduced by the agency of the Antimonopoly Committee compared to the previously calculated fine amount depending on the sequence in which the other parties involved in concerted anticompetitive actions have divulged information that exposes the concerted anticompetitive actions and is of material significance for the issuance of decisions in the case (by up to 50 percent for the first person, by up to 30 percent for the second person, and by up to 20 percent for the other parties).	Antimonopoly Committee of Ukraine		The draft law has been submitted to the Parliament of Ukraine.	The measure was implemented on time, but partially	Partially implemented

Indicators of achievement of ESR

Total number of indicators – 2

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 2

Summarized general information about Achievement Indicators

№	Indicators	Weight (%)
№	Indicators	Weight (%)	1	A law has taken effect, which has improved the mechanisms of exemption from liability or mitigation of liability and stipulates that: a) in order to be exempted from liability for concerted anticompetitive actions, the party involved in such actions must notify the Antimonopoly Committee sooner than the other parties involved in such actions about such concerted anticompetitive actions and submit an application seeking exemption from liability, which must be submitted before the issuance of the preliminary conclusions in this case (7 percent); b) the person who engaged in concerted anticompetitive actions and submitted the application seeking exemption from liability to the Antimonopoly Committee sooner than the other parties involved in such actions shall be fully exempted from liability for committee such concerted anticompetitive actions, if this person: has disclosed such concerted anticompetitive actions to the Antimonopoly Committee; has discontinued their involvement in the concerted anticompetitive actions no later than the date of submission of the application seeking exemption from liability, except where such involvement in the anticompetitive actions is needed in order to ensure the integrity of examination of the case; has cooperated with agencies of the Antimonopoly Committee; has presented the relevant evidence which the Antimonopoly Committee did not possess (7 percent); c) any party involved in concerted anticompetitive actions may file an application with the Antimonopoly Committee seeking mitigation of liability by presenting the relevant evidence of the commission of concerted anticompetitive actions, which is of material significance for the issuance of a decision in this case and which the Antimonopoly Committee did not possess, as long as this party has disclosed such concerted anticompetitive actions to the Antimonopoly Committee; has suspended their involvement in the concerted anticompetitive actions no later than the date of submission of the application seeking exemption from liability; has cooperated with agencies of the Antimonopoly Committee (7 percent); d) the ground and procedure for exemption from liability or mitigation of liability shall be established by the Antimonopoly Committee (7 percent); e) the procedure for exemption from liability or mitigation of liability shall define the procedure for documenting the submission of applications seeking exemption from liability or mitigation of liability, and the requirements for the format of such applications (7 percent); f) the information that exposes concerted anticompetitive actions and is of material significance of the issuance of a decision in the case shall include, in particular, the details of the applicant; information about all known parties involved in the concerted anticompetitive actions; a detailed description of the purpose and nature of the concerted anticompetitive actions; information about the boundaries of the commodity market affected by them; the market share covered by them; a description of contacts and interactions among the parties involved in the concerted anticompetitive actions; information about evidence of the concerned anticompetitive conduct (7 percent); g) officials and officers of the Antimonopoly Committee are prohibited from disclosing information about the applicant and the information reported by them (7 percent); h) the Antimonopoly Committee shall examine cases involving exemption from liability or mitigation of liability as well as inform the applicants about the decision to apply (or deny the application) of the program of exemption from liability or mitigation of liability within the time frame established by the Antimonopoly Committee (7 percent); i) the persons exempted from liability shall not be subject to the requirements of the Law of Ukraine On Public Procurement pertaining to the prohibition from participating in the procurement process due to the commission of concerted anticompetitive actions, except for the persons who repeatedly engaged in concerted anticompetitive actions (7 percent); j) in case of mitigation of liability, the fine amount shall be reduced by the agency of the Antimonopoly Committee compared to the previously calculated fine amount depending on the sequence in which the other parties involved in concerted anticompetitive actions have divulged information that exposes the concerted anticompetitive actions and is of material significance for the issuance of decisions in the case (by up to 50 percent for the first person, by up to 30 percent for the second person, and by up to 20 percent for the other parties) (7 percent).	70%
2	the results of the expert survey have demonstrated that: a) more than 75 percent of experts on the regulation of the economy and business evaluate the quality of legal regulation implemented pursuant to subclause 1 of clause 2.2.5.4 as high or very high (30 percent); b) more than 50 percent of experts on the regulation of the economy and business evaluate the quality of legal regulation implemented pursuant to subclause 1 of clause 2.2.5.4 as high or very high (20 percent); c) more than 25 percent of experts on the regulation of the economy and business evaluate the quality of legal regulation implemented pursuant to subclause 1 of clause 2.2.5.4 as high or very high (10 percent).	30%

ESR