Publication date: 08.06.2024
Compliance with antitrust laws in business activities
Introduction
Antitrust law is an important tool for ensuring a competitive environment, protecting consumer rights and preventing abuse of market power by business entities. In Ukraine, this area of regulation is particularly relevant in the context of economic transformation and integration into the European market. In this article, we will analyze the main aspects of Ukrainian antitrust legislation, problems of its compliance and prospects for further development.
Legal framework
The Law of Ukraine "On Protection of Economic Competition":
- The main legal act regulating antitrust policy. It defines the concepts of economic competition, anticompetitive concerted actions, abuse of monopoly (dominant) position and unfair competition.
The Law of Ukraine "On the Antimonopoly Committee of Ukraine":
- Establishes the legal status, tasks and powers of the Antimonopoly Committee of Ukraine (AMCU) as a central executive body with a special status.
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The Law of Ukraine "On Protection against Unfair Competition":
- Regulates issues related to unfair competition, including the misuse of business reputation, creating obstacles to business activities and achieving unfair competitive advantages.
Key issues of antitrust compliance
Insufficient legal awareness:
- Many business entities are not sufficiently aware of antitrust laws, which leads to unintentional violations.
The complexity of the evidence base:
- Detecting and proving anticompetitive practices, abuse of dominance or unfair competition are complex tasks that require significant resources and expertise.
Corruption risks:
- Corruption in public authorities, including the AMC, can significantly affect the effectiveness of control over compliance with antitrust laws.
Ineffectiveness of sanctions:
- Existing sanctions for violations of antitrust laws are not always severe enough to deter potential violators.
Prospects for improving antitrust regulation
Raising legal awareness:
- Conducting educational campaigns and trainings for business entities to raise their awareness of antitrust laws and the consequences of violating them.
Strengthening control and monitoring:
- Implementation of modern technologies to monitor market conditions and identify potential violations of antitrust laws.
Reforming the AMCU:
- Enhance the independence and professionalism of the Antimonopoly Committee of Ukraine, including ensuring adequate funding and improving decision-making procedures.
Increase in fines and sanctions:
- Improve the system of fines and sanctions to ensure their effectiveness and deterrent effect on potential violators.
