This provision is contained in a bill that establishes mechanisms for compensating losses caused by anti-competitive practices.
The document, drafted by the Competition Council, establishes regulations that differ from the general rules of civil liability. In particular, it aims to simplify procedures and ensure access to justice for all affected parties. This includes small and medium-sized enterprises that lack the resources to pursue litigation, as well as state-owned enterprises and public authorities.
According to the draft, a person who has suffered damage will be able to claim and receive full compensation regardless of whether or not there is a contractual relationship between the parties.
Compensation for Damages and Lost Profits
The law stipulates that compensation must restore the aggrieved party to the position they would have been in had the violation not occurred. This includes compensation for damages, lost profits, and interest.
In addition, the document sets forth the jurisdiction of the Appeals Chamber and the Center for the Review of Claims for Damages. It also establishes penalties (ranging from 20 to 10,000 UAH for individuals and from 0.1% to 1% of the turnover of an enterprise or association of enterprises) and a list of violations for which these penalties apply.
It also regulates the procedure for determining the amount of damages in cases where prices for goods or services covered by a cartel agreement are increased by 20% and in cases of abuse of a dominant position. It also sets forth rules for the consideration of claims for damages filed by plaintiffs at various levels of the supply chain, the settlement of disputes through agreements between the parties, and other matters.
It is proposed that the new provisions take effect three months after the date of publication.
