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Publication date: 22.05.2024
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Protection of economic competition
Consideration of cases of violation of legislation on the protection of economic competition in Ukraine is carried out by the bodies of the Antimonopoly Committee of Ukraine in several stages. Here are the main points of this process, according to the law:
The start of the case review
1. Detection of violations:
If the bodies of the Antimonopoly Committee of Ukraine detect signs of a violation of the legislation on the protection of economic competition or the consequences of such a violation, they issue an order to initiate proceedings.
2. Notification of the defendant:
The order on the initiation of the case consideration is sent to the defendant within three working days from the day of its acceptance.
If the defendant is identified after the initiation of the case, he is also sent an order to participate in the case as a defendant together with the order to initiate the case within three working days.
3. Notification of the applicant and third parties:
The notification of the initiation of the case consideration is sent to the applicant and third parties.
4. Inspections:
If it is necessary to carry out an inspection of a business entity or other bodies, the Antimonopoly Committee of Ukraine has the right not to send orders and notices about the initiation of the case before the inspection. However, it should not exceed 20 working days from the date of issuance of the order on the initiation of consideration of the case. Case review procedure
During the consideration of the case, the bodies of the Antimonopoly Committee of Ukraine perform the following actions:
- collect documents, expert opinions, explanations of persons and other information that is evidence in the case;
- bodies of the Antimonopoly Committee of Ukraine may receive explanations from persons participating in the case or from any other persons at their request or on their own initiative.
Publication of information
The official website of the Antimonopoly Committee of Ukraine publishes information on cases of violations of legislation on the protection of economic competition.
Grounds for starting a case
The bodies of the Antimonopoly Committee of Ukraine initiate the case on the following grounds:
- statements of business entities, citizens, associations, institutions, organizations about violation of their rights;
- submissions of state authorities, local governments, administrative and economic management and control bodies;
- on the own initiative of the bodies of the Antimonopoly Committee of Ukraine.
The fact of inclusion in the register of oligarchs: The fact of inclusion of a person in the Register of persons who have significant economic and political weight in public life (oligarchs).
Terms of consideration of cases
1. The main term of consideration. Cases of violation of the legislation on the protection of economic competition are considered by the bodies of the Antimonopoly Committee of Ukraine within a reasonable period of time, but no longer than three years from the date of adoption of the order on the initiation of consideration of the case, unless otherwise provided by law.
2. Extension of the term. In the presence of well-founded reasons preventing consideration of the case within the established period, the authorities may extend this period, but not for more than two years. The persons participating in the case are informed about this in writing.
3. Termination of the term. The time of suspension of the case is not included in the term of consideration of the case.
4. Closing the case. If a decision is not made within the time limit (five years in total) for consideration of the case, the case shall be closed.
These provisions are aimed at ensuring proper consideration of cases of violation of legislation on the protection of economic competition and ensuring transparency and timeliness of procedures.
