Key findings and recommendations of the OECD in the context of further reform of antimonopoly legislation

This article analyses the key findings and recommendations of the Organisation for Economic Co-operation and Development (OECD) regarding Ukraine’s competition law and policy in the context of further reform of national antimonopoly legislation. Particular attention is paid to the assessment of the institutional capacity of the Antimonopoly Committee of Ukraine (AMCU), the effectiveness of law enforcement, and the compliance of the national competition protection model with international standards, in particular those of the European Union. It is established that, despite the progress achieved in legislative harmonisation and the introduction of certain instruments of modern competition policy, Ukraine’s competition protection system continues to face a number of systemic challenges. These include the ambiguity of competition policy objectives, excessive administrative burdens, limited investigative and analytical tools, as well as risks of political interference in the activities of the antimonopoly authority. It is demonstrated that these factors reduce the predictability of law enforcement and constrain the AMCU’s ability to focus on infringements that have the most significant impact on market functioning. The article shows that the OECD’s recommendations are aimed at shifting the focus from the formal expansion of regulation towards improving the quality of enforcement, in particular through clarifying the objectives of competition policy, introducing a risk-based approach to case prioritisation, strengthening the institutional independence of the AMCU, and expanding the use of economic analysis in the investigation of anticompetitive practices and in merger control. The author examines further directions for the reform of antimonopoly legislation and enforcement practice in the context of European integration and the post-war recovery of Ukraine’s economy. It is concluded that the implementation of the OECD’s recommendations may provide a basis for the development of a coherent, predictable and economically sound system of competition protection capable of effectively responding to structural challenges and ensuring the sustainable development of competitive markets.