On 11 June 2026, the Antimonopoly Committee of Ukraine adopted Resolution No. 2-rp, establishing a revised methodology for market definition and dominance assessment.
While retaining traditional concepts and tests, the methodology now specifically addresses digital platforms, non-monetary competition, and ecosystems.
Key developments include:
- zero-price digital products, such as search engines, social networks, and freemium apps, may constitute relevant product markets;
- market shares may be assessed using non-monetary metrics, including active users, engagement, transaction volumes and R&D expenditure;
- network effects, product innovation and differentiated customer terms may support narrower market definitions;
- ecosystems may be divided into separate markets for core, ancillary and aftermarket services; and
- strong buyer power may rebut a presumption of dominance.
The revised methodology entered into force on 1 August 2026 and now applies to the Antimonopoly Committee’s market definition and dominance assessments.
Overall, it largely formalises approaches already applied by the regulator and should bring greater predictability to market definition and dominance assessments.
Additional notes
For further information on the topic please contact partner Mykyta Nota, or by telephone +380 44 591-3355 or via e-mail.
