- Section I
- GENERAL PROVISIONS
- Section II
- ANTICOMPETITIVE CONCERTED ACTIONS OF UNDERTAKINGS, ABUSE OF MONOPOLY (DOMINANT) MARKET POSITION
- Article 5. Concerted Actions
- Article 6. Anticompetitive Concerted Actions of Undertakings
- Article 7. Concerted Actions of Small or Medium Enterprises
- Article 8. Concerted actions Relating to the Supply and Use of Goods
- Article 9. Concerted actions Relating to Intellectual Property Rights
- Article 10. Concerted Actions which may be Authorized
- Article 11. Typical Requirements for Concerted Actions
- Article 12. Monopoly (Dominant) Position of an Undertaking
- Article 13. Abuse of Monopoly (Dominant) Position on the Market
- Article 14. Conclusions in Respect of Qualification of Acts
- Section III
- ANTICOMPETITIVE ACTIONS OF BODIES OF POWER, BODIES OF LOCAL SELF-GOVERNMENT, BODIES OF ADMINISTRATIVE MANAGEMENT AND CONTROL
- Article 15. Anticompetitive Actions of Bodies of Power, Bodies of
- Local Self-Government, Bodies of Administrative
- Management and Control
- Article 16. Ban to Delegate Authorities of Bodies of Power and
- Bodies of Local Self-Government
- Article 17. Ban to Incite to Violations of Legislation on the Protection of Economic
- Competition and Their Legitimization
- Section IV
- RESTRICTING AND DISCRIMINATING ACTIVITY OF UNDERTAKINGS, ASSOCIATIONS
- Section V
- CONTROL OVER CONCENTRATION OF UNDERTAKINGS
- Section VI
- CONSIDERATION OF APPLICATIONS AND CASES CONCERNING GRANTING PERMISSION FOR CONCERTED ACTIONS, CONCENTRATION OF UNDERTAKINGS
- Article 26. Submission of Application for Granting Permission for Concerted Actions, Concentration of Undertakings
- Article 27. Consideration of Application for Granting Permission for
- Concerted Actions, Concentration of undertakings
- Article 28. Passing Decisions on Applications for Granting Permission for Concerted Actions, Concentration of undertakings
- Article 29. Provision of Preliminary Conclusions Concerning Concerted
- Actions, Concentration of Undertakings
- Article 30. Trial of the Case on Concerted Actions, Undertakings Concentration
- Article 31. Decision in Cases on Concerted Actions, Concentration of
- Undertakings
- Article 32. Reasons for Closure of Trial of Case on Concerted
- Actions, Concentration of Undertakings
- Article 33. Order of Granting by the Cabinet of Ministers of Ukraine
- Permission for Concerted Actions, Concentration
- Article 34. Payment for Indemnification of Expenses Relating to Trial of Cases
- Section VII
- TRIAL OF CASES ON VIOLATIONS OF LEGISLATION ON PROTECTION OF ECONOMIC COMPETITION
- Article 35. Trial of Cases on Violation of the Legislation on the
- Protection of Economic Competition
- Article 36. Grounds for Commencement of Case Trial
- Article 37. Commencement of Case Trial
- Article 38. Consolidation and Severance of Cases, Suspension of Trial of Case and its Resumption
- Article 39.Persons Participating in the Case
- Article 40. Rights and Obligations of Persons Taking Part in the Case
- Article 41. Provision of Evidences
- Article 42. Statute of Limitations for Bringing to Responsibility for Violation of Legislation on Protection of Economic Competition
- Article 43. Provision of Performance of Expertise
- Article 44. Seizure of Evidences, Arrestment
- Article 45. Promotion to Trial of Case on Violation of Legislation on Protection of Economic Competition
- Article 46. Recommendations of Bodies of the Antimonopoly Committee of Ukraine
- Article 47. Preliminary Decision in the Case
- Article 48. Decision in the Cases on Violation of Legislation on Economic Competition Protection
- Article 49. Grounds for Closure of Trial of the Case on Violation of
- Legislation on Economic Competition Protection
- Section VIII
- LIABILITY FOR VIOLATION OF LEGISLATION ON ECONOMIC COMPETITION PROTECTION
- Article 50. Violation of Legislation on Protection of Economic Competition
- Article 51. Types of Responsibility
- Article 52. Penalties
- Article 53. Compulsory Division
- Article 54. Administrative Responsibility of Officials and Other Employees of Undertakings, Authorities, Bodies of Local Self-Government, Bodies of Administrative and Economical Management and Control
- Article 55. Indemnification of Damage
- Section IX
- PROCEDURE OF EXECUTION, EXAMINATION, REVIEW OF, APPEALING AGAINST DECISIONS, DIRECTIONS, CALCULATION OF TERMS AND INFORMATION EXCHANGE
- Article 56. Procedure of Execution of Decisions and Directions of Bodies of the Antimonopoly Committee of Ukraine, Heads of Territorial Branches of the Antimonopoly Committee of Ukraine
- Article 57. Examination of Decisions in Cases on Violation of Legislation on Economic Competition Protection and in Applications, Cases on Concerted Actions
- Article 58. Review of Decisions in Cases on Violations of Legislation on Protection of Economic Competition and in Applications for Concerted Actions, Concentration
- Article 59. Reasons for Change, Cancellation or Invalidation of Decisions of the Antimonopoly Committee of Ukraine
- Article 60. Appealing against Decisions of the Antimonopoly Committee of Ukraine
- Article 61. Notice on Legal Cases
- Article 62. Determination and Calculation of Terms within Legislation
- on the Protection of Economic Competition
- Article 63. Information Exchange
- Section X
- FINAL PROVISIONS
THE LAW OF UKRAINE
On Economic Competition Protection
(The Official Journal of the Verkhovna Rada (OJVR), 2001, No. 12, p. 64)
{As amended by the Laws
No. 380-IV (380-15) of 26.12.2002, OJVR, 2003, No. 10-11, p. 86
No. 762-IV (762-15) of 15.05.2003, OJVR, 2003, No. 30, p. 247
No. 1344-IV (1344-15) of 27.11.2003, OJVR, 2004, No. 17-18, p. 250
No. 2285-IV (2285-15) of 23.12.2004, OJVR, 2005, No. 7-8, p. 162
No. 2505-IV (2505-15) of 25.03.2005, OJVR, 2005, No. 17, No. 18-19, p. 267
No. 2596-IV (2596-15) of 31.05.2005, OJVR, 2005, No. 26, p. 348
No. 3486-IV (3486-15) of 23.02.2006, OJVR, 2006, No. 31, p. 269
No. 1276-VI (1276-17) of 16.04.2009}
{In the text of the Law words “arbitration court” in all cases are excluded under the Law No 762-IV (762-15) of 15.05.2003}
{In the text of the Law the word “court” in all cases is replaced with words “economic court” in the appropriate case pursuant to the Law No 2596-IV (2596-15) of 31.05.2005}
This Law determines legal foundation for support and protection of economic competition, restriction of monopolism in economic activity and aims at providing effective operation of economy of Ukraine on the basis of development of competitive relations.
For the purpose of this Law, the following terms shall mean:
economic competition (competition) is a rivalry between the undertakings aimed at obtaining, by virtue of their own achievements, advantages over other undertakings, resulting in consumers, undertakings having an opportunity of having choice between several sellers, buyers, and in the fact that a certain undertaking can not determine conditions for goods turnover on the market;
information is data of any kind and form, stored at any carriers (including correspondence, books, marks, illustrations (maps, diagrams, organigrams, figures and schemes), photographs, holograms, movie, video, microfilms, audio records, data bases of computer systems or full or partial reproduction of their elements), explanations of persons and any other publicly declared or recorded data;
control is a decisive influence of one or more associated legal and/or natural persons on economic activity of an undertaking or its part, being exerted directly or through other persons, particularly via the right of possession or enjoyment of all assets or significant part thereof; the right, providing the decisive influence on formation of structure, results of voting and decisions of management body of undertaking; conclusion of agreements and contracts, enabling to determine conditions of economic activity, give bounding instructions or perform functions of management body of undertaking; substitution of capacity of the chairman, the deputy chairman of the supervisory board, [management] board, other supervising or executive body of an undertaking by a person, who had already been earlier in one or more said capacities at other undertakings; being in more than a half of capacities of members of the supervisory board, [management] board, other supervising or executive bodies of undertakings be person, who already are in one or more said capacities at other undertaking. Associated are legal and/or natural persons, who jointly or in coordination conduct business activity, including exerting jointly or in coordination influence on business activity of undertaking. Particularly, as associated natural persons shall be deemed those being spouses, parents and children, brothers and (or) sisters; (Paragraph four of Article 1 as amended by adding pursuant to Law No. 2596-IV (2596-15) of 31.05.2005)
a small and medium enterprise is an undertaking, whose income (revenue) resulted from the sale of products (goods, works, services) for the latest financial year or value of assets will not exceed an amount, equivalent to 500 thousand Euro, determined at the rate of the National Bank of Ukraine, which was valid on the last day of the financial year, if in markets, in which this entrepreneur operates, the competitors, having a significantly bigger market share, are available;
a monopolization is achieving by the undertaking the monopoly (dominant) position in a market of commodity, supporting or strengthening this position;
bodies of power are ministries and other central bodies of executive power, the Supreme Council of the Autonomous Republic of Crimea, state bodies performing regulation of activity of entities of natural monopolies, market of securities, state bodies of privatization, the National Council of Ukraine on Television and Radio Broadcasting, local bodies of executive power;
an association is a union of legal and (or) natural persons, including the association of enterprises, as well as public organizations;
bodies of administrative management and control are the undertakings in respect of performing by them management or control functions within authorities of bodies of power or bodies of local self-government, delegated to them;
bodies of the Antimonopoly Committee of Ukraine are the Antimonopoly Committee of Ukraine, continuing and temporary administrative boards of the Antimonopoly Committee of Ukraine, a state authorized [person] of the Antimonopoly Committee of Ukraine, administrative boards of the territorial branches of the Antimonopoly Committee of Ukraine;
a market of commodity (commodity market) is a sphere of turnover of commodity (interchangeable commodities), for which in the course of certain time and within the limits of certain territory both demand and supply are available;
an undertaking is a legal entity irrespective of organizational legal form and form of ownership or a natural person providing activity in manufacturing, selling, purchasing commodities, other economic activity, including performing control over other legal or natural person; group of undertakings, if one ore more of them perform control over others. As undertakings shall also be deemed bodies of state power, bodies of local self-government, as well as bodies of administrative management and control in respect of their activity in manufacturing, selling, purchasing commodities or other economic activity. As economic activity may not be considered the activity of the natural person purchasing consumer goods for final consumption;
a commodity is any item of economic turnover, including products, works, services, documents confirming obligations and rights (particularly securities).
1. This Law shall regulate relations of bodies of state power, bodies of local self-government, bodies of administrative management and control with undertakings; of undertakings with other undertakings, with consumers, other legal and natural persons in connection with economic competition.
2. This Law shall apply to relations which influence or may influence the economic competition in the territory of Ukraine.
1. The legislation on the protection of economic competition shall be based on norms, established by the Constitution of Ukraine (254к/96-ВР), and consist of this Law, laws of Ukraine “On the Antimonopoly Committee of Ukraine” (3659-12), “On the Protection against Unfair Competition” (236/96-ВР), other regulatory legal acts, adopted pursuant to these laws.
2. If an international treaty of Ukraine, obligation of which is approved by the Verkhovna Rada of Ukraine, determines other rules, than those being included in this Law, the rules of the international treaty shall apply.
3. Peculiarities of application of the legislation on the protection of economic competition, particularly in respect of certain industry branches, may be fixed exclusively by introducing amendments to this Law.
1. The state policy in the field of development of economic competition and restriction of monopolism in economic activity, taking measures concerning demonopolization of economy, financial, material technical, information, consultation and other support of undertakings, assisting the development of competition, shall be conducted by the bodies of state power, bodies of local self-government and bodies of administrative management and control.
2. undertakings, bodies of power, bodies of local self-government, as well as bodies of administrative management and control shall be bound to assist the development of competition and not perform acts which may have negative impact on the competition.
3. Bodies of state power, to the competence of which regulation and administration in appropriate branches of economy belongs, shall monitor markets of these branches for the purpose of analyzing and forecasting their development. (Article 4 added by a part pursuant to Law No. 2596-IV (2596-15)of 31.05.2005)
4. The state control over compliance with the legislation on the protection of economic competition, the protection of interests of undertakings and consumers to prevent violations thereof shall be carried out by the bodies of the Antimonopoly Committee of Ukraine.
5. Bodies of power, bodies of local self-government, bodies of administrative management and control shall be obliged to promote the Antimonopoly Committee of Ukraine in performing its powers in the field of support and protection of economic competition, restriction of monopolism and control over compliance with the legislation on the protection of economic competition.
6. For the purpose of equal application of the legislation on the protection of economic competition, including the legislation on the protection against unfair competition, the Antimonopoly Committee of Ukraine shall give recommendatory explanations on matters of application of this legislation.
1. “Concerted actions” shall mean conclusion of agreements in any form by undertakings, making decisions in any form by associations, as well as any other concerted competitive behaviour (activity, inactivity) of undertakings.
Concerted actions shall also mean the establishment of an undertaking, an association the purpose or consequence of the establishment of which is the coordination of competitive behaviour between the undertakings, which established the mentioned undertaking, association, or between them and the newly-established undertaking, or joining such an undertaking. (Indent two of Article 5(1) in the wording of the Law No 2596-IV (2596-15) of 31.05.2005)
2. The persons who take or intend to take concerted actions are deemed to be participants of concerted actions.
1. Anticompetitive concerted actions shall mean concerted actions which have resulted or may result in prevention, elimination or restriction of competition.
2. Concerted actions shall be considered as anticompetitive if they, in particular, relate to:
1) setting prices or other conditions of procurement or sale of goods;
2) restriction of manufacturing, commodity markets, technical and technological development, investments or establishing control over them;
3) distribution of markets or sources of supply on an area basis, in accordance with procurement or sales turnover, circle of sellers, buyers or consumers, or otherwise;
4) distortion of the results of bids, auctions, contests, tenders;
5) elimination from the market or restriction of access to the market (withdrawal from the market) for other undertakings, buyers, sellers;
6) applying different conditions to equivalent agreements with other undertakings, which results in the creation of a disadvantage for these undertakings in terms of competition;
7) concluding agreements provided that other undertakings assume supplementary obligations, which according to their content or in terms of trade customs and other fair customs in entrepreneurial activities do not relate to the subject of these agreements;
8) significant restriction of the competitive ability of other undertakings on the market without objective reasons thereto.
Section I
GENERAL PROVISIONS
Article 1. Definition of Terms
Article 2. Scope of Application of Law
Article 3. Legislation on Protection of Economic Competition
Article 4. State Policy in Field of Development of Economic Competition and Restriction of Monopolism
Section II
ANTICOMPETITIVE CONCERTED ACTIONS OF UNDERTAKINGS, ABUSE OF MONOPOLY (DOMINANT) MARKET POSITION
Article 5. Concerted Actions
Article 6. Anticompetitive Concerted Actions of Undertakings