Ukrainian Competition Legislation Overview

The main state authority in Ukraine supervising the state protection of competition and entrepreneurial activity is the Antimonopoly Committee of Ukraine. It has a special status determined by the Law of Ukraine “On the Status of the Antimonopoly Committee of Ukraine” and other legislative acts.  The main task of the Antimonopoly Committee of Ukraine is to participate in formation and application of Ukraine’s competition policy, which pursues the following:

•    Carries out state control over adherence to legislation on economic competition protection;
•    Controls regulation of prices (tariffs) for goods of natural monopolies;
•    Controls mergers and other concerted actions related to economic activity;
•    Drafts and recommends legislation on economic competition protection; and
•    Contributes to the development of fair competition.

 The Antimonopoly Committee is accountable to the president of Ukraine and the Verkhovna Rada (the legislature).

The Law of Ukraine “On Economic Competition Protection,” which took effect on March 2, 2002, provides the basis for the committee’s work.  The law took into consideration both the previous experience of the committee's work as well as the best world practices in this area, in short – the theory and practice.  The law has restricted state interference in economical processes, and it has created new competition protection mechanisms.  It has also opened up wider possibilities for cooperation among the economical entities.

Besides the Law “On Economic Competition Protection,” there are a number of other laws and legislative acts regulating this issue in Ukraine.  For example, the Law of Ukraine “On protection from unfair competition” establishes the general determination of unfair competition and identifies a number of practices and situations that are regarded as unfair.  It further identifies liability for unfair competition and legal principles of protection from unfair competition.

Rules regarding legislative breaches in the field of economic competition protection establish jurisdiction of the event of legislation breaches in the field of economic competition protection.  The jurisdiction is assigned to organs of the Antimonopoly Committee of Ukraine, and the rules identify rights and duties of people who participate in the case's consideration, requirements for filing cases, order of consideration, and other aspects.

Regulations on order of applications' filing to the Antimonopoly Committee of Ukraine on preliminary obtaining of allowance for mergers of management subjects (Regulations on mergers) determine requirements for applications for mergers.

 A number of other regulations, exemptions and processes are provided within the framework of Ukraine’s laws to provide for business competition.  Nova Mova can assist with research to provide details or assist with understanding of the various provisions.

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