Article title Overview of Recent Legislative Initiatives in the Field of Protection of Economic Competition
Authors

Doctor of Laws, Senior Research Fellow, head of the department of legal support of the market economy Institute of Private Law and Entrepreneurship F.G. Burchak NAPrN of Ukraine  (Kyiv, Ukraine) esse3343@gmail.com

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11/2021
Сторінки [52-67]
Annotation

The article examines and analyzes the main bills on the protection of economic competition, registered by the Verkhovna Rada of Ukraine during 2020–2021. Problematic aspects of legal regulation, obstacles to effective regulatory influence, shortcomings and inconsistencies in the submitted draft regulations have been identified. Ways to overcome the existing gaps in legal regulation, clarification of draft laws and directions for implementing measures to develop competitive relations and antitrust regulation are proposed.

The main areas to be reformed in accordance with the submitted bills are the procedure of appointment and dismissal of the Chairman of the Antimonopoly Committee of Ukraine, his deputies and state commissioners. There are many different proposals for the number of state commissioners.

 Another important area of reform is the current public procurement appeal procedure. Immediate proposals to reform the appellate body in the field of public procurement have been implemented through the creation of a new body of the Antimonopoly Committee of Ukraine (AMCU) – the Commissioner for Complaints of Violations of Public Procurement Legislation in the amount of 10 people. Although, in our opinion, the most adequate would be the complete separation of the appeal function in the field of public procurement from the activities of the AMCU.

Possibilities of introduction of new terminology on protection of economic competition, in particular “conglomerate horizontal integration”, “horizontal integration”, “vertical integration”, “cross-financing” and the introduction of additional criteria for definition of a monopoly (dominant) position and additional restrictions on economic activity.

Thus, the proposed amendments to the Law of Ukraine “On the Antimonopoly Committee of Ukraine” to improve the procedure, clarify and detail the content of the powers of the AMCU to inspect in order to gather evidence in the form of information are appropriate.

At the same time, the proposals to consolidate the obligation of the AMCU to apply to the court for permission to take certain measures related to the collection of evidence in the case need to be finalized. We believe that inspections, seizures or seizures of documents may be carried out with the subsequent approval of the court, and not with the previous one. Because otherwise the suddenness of the inspection is lost, and accordingly, in many cases, the meaning of its conduct.

 

Keywords reforming the system of legal regulation; protection of economic competition; antitrust regulation; competition policy
References

Bibliography

Authored books

1. Tihamer Tot, Antimonopol’noe pravo Evropejskogo Sojuza (2014) (in Russian). Journal articles 2. Poliukhovych V, ‘Novi zakonodavchi initsiatyvy po vdoskonalenniu zakonodavstva pro zakhyst ekonomichnoi konkurentsii’ (2021) 5 Pidpryiemnytstvo, hospodarstvo i pravo 34–9 (in Ukrainian).

3. Poliukhovych V, ‘Perspektyvy vdoskonalennia zakonodavstva pro zakhyst ekonomichnoi konkurentsii (z praktyky zakonotvorennia)’ (2020) 10 Pidpryiemnytstvo, hospodarstvo i pravo 51–60 (in Ukrainian).

 4. Poliukhovych V, ‘Problemni pytannia pravovoho rehuliuvannia v sferi zakhystu ekonomichnoi konkurentsii v hospodarskii diialnosti v Ukraini’ (2020) 20 Pryvatne pravo i pidpryiemnytstvo 27–32 (in Ukrainian).

5. Poliukhovych V, ‘Shchodo okremykh zakonodavchykh propozytsii do Zakonu Ukrainy “Pro zakhyst ekonomichnoi konkurentsii”’ (2020) 12 Pidpryiemnytstvo, hospodarstvo i pravo 75–9 (in Ukrainian).