Ukraine 2001

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Score = 23

Governed by: Law of Ukraine on the Protection of Economic Competition as of 11 January 2001 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2(2) says that the Act applies to all relations that can have an impact on competition in Ukraine.
Remedies Fines 1 Article 52 provides guidelines on fines given for various violations.
Prison Sentences 0
Divestitures 1 Article 53 says that in some cases by abuses of dominant companies the company may be split up by an order of the Antimonopoly Committee.
Private Enforcement 3rd Party Initiation 1 Article 36(1) allows private citizens and other economic entities to initiate the consideration of a case for violations of the Act.
Remedies Available to 3rd Parties 1 Article 55 says that persons that suffer damage from a violation of the Act can apply to the court for the reimbursement for damages.
3rd Party Rights in Proceedings 1 Article 39 says that 3rd parties who either initiated the case or are affected by the decision are allowed to participate in the case and Article 40 lists the rights of participants (including access to evidence and the right to submit applications and objections). Also, Article 30(5) allows 3rd parties to participate in the evaluation of an application to merge.
Merger Notification Voluntary 0
Mandatory 3 Article 24 requires pre-merger notification.
Pre-merger 2 Article 24 requires pre-merger notification.
Post-merger 0
Merger Assessment Dominance 1 Article 25 allows mergers to be authorized if they do not create a monopoly.
Restriction of Competition 1 Article 25(3) provides for looking at restrictions on competition in evaluating a merger.
Public Interest (Pro D) 1 Article 25(2) allows the Ministers to permit an otherwise impermissible merger if it is in the public interest.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 25(2) allows the Cabinet Ministers of Ukraine to authorize a merger that would not otherwise be allowed if its positive effects outweigh its negative effects.
Dominance Limits Access 1 Article 13(2)(4) lists limiting production and markets as an example of an abusive act.
Abusive Acts 1 Article 13 prohibits the abuse of a dominant position.
Price Setting 1 Article 13(2)(1) lists price setting as an example of an abuse.
Discriminatory Pricing 1 Article 13(2)(2) lists discriminatory pricing as an example of an abusive act.
Resale Price Maintenance 0
Obstacles to Entry 1 Article 13(2)(7) lists the creation of entry market barriers as an abusive act.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 6(2)(1) prohibits price fixing.
Tying 1 Article 6(2)(7) prohibits tying arrangements.
Market Division 1 Article 6(2)(3) prohibits market division.
Output Restraint 1 Article 6(2)(2) prohibits restricting production.
Market Sharing 0
Eliminating Competitors 1 Article 6(2)(5) prohibits the removal of other economic entities from the market.
Collusive Tendering/Bid-Rigging 1 Article 6(2)(4) prohibits collusive tendering and bid rigging.
Supply Refusal 0
Efficiency Defense 1 Article 10(1) has an exemption to the Article 6 prohibitions for agreements that facilitate the improvement of the production, technical and economic development, or the optimization of the export or import of products.

References

  1. Global Competition Forum website, http://www.globalcompetitionforum.org/regions/europe/Ukraine/LEGISLATION.pdf