Publication date: 08.07.2024
Antimonopoly legislation of Ukraine
Introduction
Antitrust law is an integral part of the legal system of any market economy. It is aimed at ensuring competition, preventing monopolization of markets and protecting consumer rights. In Ukraine, antitrust legislation is of particular importance as it contributes to the stable development of the economy, improves the efficiency of business activities and prevents abuses by large companies.
Key regulatory acts
The antitrust legislation of Ukraine consists of a number of regulations that govern the activities of business entities aimed at restricting competition and monopolizing the market. The main regulatory acts in this area are:
TheLaw of Ukraine "On Protection of Economic Competition". This law is the main act that defines the legal framework for the protection of economic competition, prevention of monopolization and abuse of monopoly position.
TheLaw of Ukraine "On the Antimonopoly Committee of Ukraine". The law defines the status, powers and organization of the Antimonopoly Committee of Ukraine (AMCU), which is the main body in the field of antimonopoly regulation.
Law of Ukraine "On Natural Monopolies". The Law regulates the activities of natural monopolies and establishes the principles of state regulation of their activities.
TheLaw of Ukraine "On State Regulation of Activities in the Field of Transport". This law regulates antimonopoly regulation in the transportation sector.
Antimonopoly Committee of Ukraine
The Antimonopoly Committee of Ukraine (the "AMC") is a central executive body with a special status, whose main task is to ensure state control over compliance with the legislation on protection of economic competition. The main powers of the AMC include:
Control over the concentration of business entities. The AMC controls transactions that may lead to market monopolization or significant restriction of competition.
Investigating violations of antitrust laws. The Committee investigates violations of antitrust laws, including abuse of dominance, anticompetitive concerted practices and unfair competition.
Issuance ofmerger clearances and concerted practices. The AMC is authorized to issue permits for concentration of business entities and concerted actions, if they do not lead to restriction of competition.
Control over the activities of natural monopolies. The Committee monitors the activities of natural monopolies in order to prevent abuse of monopoly power.
Main provisions of the Law "On Protection of Economic Competition"
The Law of Ukraine "On Protection of Economic Competition" defines the basic concepts and principles of antitrust regulation and establishes liability for violations of antitrust laws. The main provisions of this law include:
Abuse ofmonopoly position. It is prohibited to abuse a monopoly position in the market, which may lead to restriction of competition or harm to consumers.
Anti-competitive concerted actions. Agreements and actions between business entities aimed at restricting competition, including price fixing, market allocation, production restrictions, etc. are prohibited.
Unfair competition. Unfair competition is prohibited, including the misuse of business reputation, dissemination of false information, creation of obstacles to competitors' activities, etc.
Concentration of business entities. The Law establishes a procedure for controlling the concentration of business entities that may lead to market monopolization or significant restriction of competition.
Procedure for investigating violations of antitrust laws
The procedure for investigating violations of antitrust laws includes several stages:
Initiation of the investigation. An investigation may be initiated at the request of a business entity, individual or legal entity, as well as on the AMCU's own initiative.
Conducting aninvestigation. The AMC conducts an investigation, during which it collects the necessary evidence, analyzes the market situation and examines the circumstances of the case.
Making adecision. Based on the results of the investigation, the AMC decides whether or not there has been a violation of antitrust laws. If a violation is found, appropriate sanctions may be imposed.
Appealing against the AMCU's decisions. Decisions of the AMC may be appealed in court.
Sanctions for violation of antitrust laws
Administrative and economic sanctions are imposed for violations of antitrust laws. The main types of sanctions include:
Fines. Significant fines may be imposed for abuse of dominance, anticompetitive concerted practices, unfair competition and other violations.
Forced division of a business entity. In the event of market monopolization, a decision may be made to compulsorily divide a business entity into several independent companies.
Annulment of agreements. Anti-competitive agreements can be declared invalid and their effects canceled.
Prohibition of activities. In the event of systematic violations of antitrust laws, a decision may be made to ban certain types of activities.
Conclusion.
The antitrust laws of Ukraine are an important tool for ensuring a competitive environment and consumer protection. It is aimed at preventing monopolization of markets, abuse of dominance and anticompetitive practices. The activities of the Antimonopoly Committee of Ukraine and the relevant legislative acts ensure effective control over compliance with antitrust laws and promote fair competition in Ukraine. Compliance with antitrust laws is a key factor in ensuring stable economic development and increasing the efficiency of business activities.
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