Concerted practices, advertising and concentrations: how the AMCU shaped the rules of the game for the pharmaceutical market in 2025

Anti-competitive concerted practices of medicinal product distributors

On 31 July 2025, following consideration of a case concerning collusion among medicinal product distributors, the AMCU adopted a decision finding that LLC “BaDM” and JV “Optima-Pharm, LTD” had engaged in similar conduct consisting of simultaneously, or within a few days of each other, setting identical and/or similar selling prices for medicinal products (Spazmalgon, Evkazolin Aqua, Bifren®, Neuroxon® and others) in significant volumes, which constitutes a violation of para. 1 of Art. 50 and part 3 of Art. 6 of the Law of Ukraine “On the Protection of Economic Competition”. The AMCU’s analysis revealed the absence of clear, verifiable, and documented criteria for price/mark-up formation and significant market shares of the participants (over 85% jointly), as a result of which their actions led to a restriction of competition. The AMCU ordered the termination of the concerted practices and imposed fines totalling more than UAH 4.8 billion.

LLC “BaDM” filed a claim with the Commercial Court of Kyiv seeking to invalidate the Committee’s decision in the part relating to this company (case No. 910/12276/25). The proceedings are still ongoing, and no decision on the merits of the claims has yet been adopted.

This case demonstrates the AMCU’s increasing attention to situations where players with high market shares demonstrate similar pricing behaviour without objectively justified grounds: parallel or simultaneous price increases for the same products, the absence of a documented pricing or mark-up algorithm, the existence of similar trade policies, as well as any direct or indirect communications with competitors regarding pricing terms.

In order to minimise antitrust risks, distributors should implement internal procedures for changes to pricing policies, avoid practices that may be qualified as concerted actions, and ensure that periodic compliance audits under competition law are carried out.

Control of concentrations in the online segment of the pharmaceutical market

In 2025, the Committee continued to pay close attention to concentrations in the digital pharmaceutical segment, in particular to platforms that enable the search for and ordering of medicinal products. A notable example was the case concerning the acquisition by PJSC “Kyivstar” of control over LLC “MTPK” – the operator of the Tabletki.ua service, which, according to the platform’s official website, brings together more than 12,000 partner pharmacies.

The AMCU twice returned the applications without consideration (for the first time in November 2024, and for the second time on 28 February 2025) due to non-compliance with the requirements of the Regulation on the Procedure for Reviewing Applications and Cases on Concentration of Undertakings. In August 2025, the AMCU announced the commencement of consideration of the third application of PJSC “Kyivstar” regarding the acquisition of control over LLC “MTPK”.

In its analysis, the AMCU focused on the following aspects: 

• market structure and market shares. The Committee established that the parties to the concentration owned two large online platforms in the field of pharmaceuticals and medical services – Tabletki.ua and Helsi. The potential combined share in the relevant market could exceed 35%, posing a risk of restricting competition;
• use of data. The AMCU examined the handling of personal and anonymised user data, which may be used for analytics or the creation of new digital services. The applicant proposed commitments providing for transparency in data handling, ensuring the voluntary nature of data transfer, and equal access for third parties to analytical products created on the basis of such data;
• non-discriminatory conditions for counterparties. The Committee drew attention to the need to ensure equal conditions for service users, in particular pharmacies, regarding the placement of information and interaction with end consumers. The commitments provided that LLC “MTPK” would not introduce differentiated pricing policies for different partners.

Taking into account the parties’ commitments regarding data handling, ensuring equal access to services and non-discriminatory conditions for counterparties, clearance was granted on 29 January 2026.

For market participants, this case is an important signal that digital players must be prepared for thorough scrutiny by the AMCU not only in terms of classic concentration indicators, but also with regard to the specifics of the online environment – data handling, transparency of algorithms, access of third parties to services, and non-discriminatory conditions for partners. It is advisable to prepare in advance a well-founded analysis of the market structure, as well as possible commitments that may address the Committee’s concerns.

Control of advertising in the pharmaceutical sector

As evidenced by the Committee’s decisions, during 2025 control over advertising in the pharmaceutical sector was strengthened, in particular with regard to dietary supplements (food supplements). The AMCU identified and stopped practices involving the dissemination of false information about the medicinal properties of products that were not confirmed by proper evidence. In all cases, such actions were qualified under Article 15¹ of the Law of Ukraine “On Protection against Unfair Competition” as information that misleads consumers. In particular, violations were established in cases concerning the dietary supplement “Sakhnil”, the cream “Herpemax”, the dietary supplement “Zafakol IQ”, the dietary supplement “A-keton”, and the dietary supplement “Inflenzym”.

The AMCU emphasised that advertising dietary supplements by attributing to them properties inherent to medicinal products may influence consumers’ purchasing decisions and grant manufacturers of dietary supplements unjustified competitive advantages in the market. Accordingly, during 2025 the Committee repeatedly imposed sanctions on manufacturers of dietary supplements for disseminating unfair advertising – the amount of fines ranged from approximately UAH 250,000 to more than UAH 26 million depending on the gravity of the violation and the scope of the disseminated false information.

In 2025, the pharmaceutical market remained under close attention by the AMCU, both regarding classic forms of competition restriction and in connection with the challenges of digital transformation and advertising practices. Market participants are increasingly required to demonstrate the transparency of their commercial behaviour, substantiate concentrations, and ensure compliance of their information policies with competition law requirements.

Manufacturers of dietary supplements should ensure that their information policy, in particular advertising materials and communication with consumers, fully complies with the requirements of competition legislation.

What does the GOLAW team do in such situations? We provide comprehensive legal support to companies in the pharmaceutical sector in their interaction with the AMCU, in particular with regard to:

• support in obtaining clearance for concentrations and concerted practices, including those involving distributors, pharmacy chains, and digital services in the healthcare sector;
• legal audit of contractual relations and marketing practices for signs of anti-competitive concerted practices;
• preparation of responses and positions to the AMCU;
• preparation of antitrust compliance programmes taking into account the specifics of the circulation of medicinal products, medical devices, cosmetics, and dietary supplements; and
• representation of interests during investigations and consideration of cases before the Committee.