See more
Publication date: 20.05.2024
DRAWING UP AN AGREEMENT ON SETTLEMENT IN CASES ABOUT ANTI-COMPETITIVE CONCERTED ACTIONS — METHODOLOGICAL RECOMMENDATIONS OF AMKU
The Antimonopoly Committee of Ukraine continues to actively improve the mechanisms for regulating antimonopoly activities in the country. As part of this strategy, on April 11, 2024, a project of Methodological recommendations was approved for drafting a settlement agreement in cases of anti-competitive concerted actions and abuse of a monopoly (dominant) position in the market.
Promoting Transparency and Efficiency: Guidelines for Drafting Settlement Agreements in Antitrust Cases
This project is an important step in creating transparent and effective rules to support the competitive environment in Ukraine. It provides for the determination of the rights and obligations of the parties to the case settlement agreement, which is concluded between the Antimonopoly Committee body and the defendant during the application of the settlement procedure in the case.
It is noted that the settlement agreement is the basis for making a decision regarding the violation of the legislation on the protection of economic competition. It defines the circumstances of the violation recognized by the defendant, offers to eliminate the causes and consequences of the violation, and also provides for a 15% reduction in the fine.The essential terms of the agreement include:
recognition by the defendant of the fact of committing a violation, which is the subject of consideration in the case;
the circumstances of the violation recognized by the defendant;
termination of infringement;
offers and guarantees of the defendant regarding the elimination of the causes of such violations and the conditions contributing to their occurrence (if available), as well as regarding the elimination of the consequences of the violation (if available);
a reduction of the fine by 15 percent compared to the size of the fine, determined upon adoption of the decision provided for by the second and seventh paragraphs of the first part of Article 48 of this law.
Strengthening Competition Protection: Key Aspects of AMCU's Methodological Recommendations
The specified methodological recommendations also contain an exemplary form of a settlement agreement, which standardizes the process of concluding such agreements and provides clear criteria for determining their content. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
This step of the Antimonopoly Committee of Ukraine demonstrates its commitment to create reasonable, transparent and effective regulatory mechanisms aimed at protecting competition and promoting the development of a fair and open market environment in Ukraine.
Standardizing Settlement Procedures: AMCU's Initiative for Fair Market Practices
According to the Methodological recommendations, the settlement agreement must contain information about the parties to the agreement, the subject of the agreement, the grounds for its conclusion, as well as the essential terms and obligations of the parties.These conditions may include recognition of the fact of the violation, its circumstances, proposals to stop the violation and eliminate its consequences, as well as reduce the amount of the fine.
According to the new recommendations, it is recommended to specify the specific amount of the reduction of the fine, if possible, to ensure transparency and predictability of the process. This is an important step in creating more transparent and effective mechanisms for settling cases in the field of competition.
In general, the adoption of the Methodological recommendations on the conclusion of agreements on the settlement of cases is an important step for increasing the level of antimonopoly regulation in Ukraine and ensuring effective protection of competition on the market. This will help support the competitive development of the economy and provide better conditions for business and consumers.
