Asters' Partner Oleksandr Voznyuk, moderated the session “The Evolution of Court Practice in Competition Disputes: Current Issues in Law Enforcement” at the Antitrust Law Conference organised by the Ukrainian Bar Association (UBA). The event, held on 5 June 2026, brought together key market stakeholders to discuss the most topical issues in Ukrainian competition law.
During the session, participants examined the current state and effectiveness of competition law enforcement in Ukraine. The discussion focused on how Ukrainian courts and the Antimonopoly Committee of Ukraine (AMCU) are incorporating European approaches into their practice, as well as on the growing role of courts in ensuring effective enforcement, safeguarding individual rights, and upholding evidentiary standards. Key points highlighted during the discussion included:
- increasing influence of the EU acquis, including soft law instruments and the case law of the Court of Justice of the European Union, which provide practical guidance to supplement broadly framed competition law provisions
- AMCU’s active reliance on EU approaches, particularly in the context of rapidly evolving digital markets
- importance of ensuring full judicial review in competition disputes
- need to further refine the scope of the AMCU’s discretionary powers, including a clearer distinction between policy discretion and technical discretion, both of which should be subject to full judicial oversight and aligned with principles of reasonableness, proportionality, and non-discrimination
- importance of adhering to evidentiary standards in line not only with the EU acquis but also with the case law of the European Court of Human Rights, particularly the guarantees of a fair trial under Article 6 of the European Convention on Human Rights in competition cases
- often decisive role of consumer surveys in unfair competition cases involving potential consumer deception, and the need to enhance their reliability through robust methodologies, including representative sampling, neutral question design, and minimisation of bias in shaping consumer perception
Commenting on the discussion, Oleksandr emphasised that Ukrainian competition law practice continues to align with European enforcement approaches. He noted that the consistent application of these approaches, alongside the principles of the rule of law in daily legal practice, is essential for the effective development of both the legal system and society as a whole.
Asters is the largest full-service law firm in Ukraine with offices in Kyiv, Brussels, London, and Washington, D.C., and access to over 125 jurisdictions through a well-developed network of partner law firms.
