Antitrust Damages Actions in Ukraine: Current Situation and Perspectives

The article gives an overview of Ukrainian legislation and experiences concerning antitrust damages actions. The analysis has led to a number of conclusions: private claims are rare in Ukraine due to difficulties in obtaining evidence, high legal costs, and lacking confidence in the Ukrainian court...

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Bibliographic Details
Main Authors: Anzhelika Gerasymenko, Nataliia Mazaraki
Format: Article
Language:English
Published: University of Warsaw 2015-12-01
Series:Yearbook of Antitrust and Regulatory Studies
Subjects:
Online Access:https://yars.wz.uw.edu.pl/images/yars2015_8_12/195.pdf
Description
Summary:The article gives an overview of Ukrainian legislation and experiences concerning antitrust damages actions. The analysis has led to a number of conclusions: private claims are rare in Ukraine due to difficulties in obtaining evidence, high legal costs, and lacking confidence in the Ukrainian court system. The paper gives examples of Ukrainian private antitrust enforcement practice and provides a statistical analysis of the dynamics of ‘compensated’ damages caused by antitrust infringements in Ukraine. The value of ‘compensated’ damages is compared to the value of the economic effect of stopping antitrust infringements, as well as to the value of the overall welfare loss deriving from market power in the national economy. Finally, some new sources of damages caused by market power are discussed considering the development perspectives of this branch of antitrust activity.
ISSN:1689-9024
2545-0115