Article | Implementation of Provisions on Competition of the Association Agreement between Ukraine and the European Union |
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Authors |
Smyrnova K.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 08 / 2015 |
Pages | 75 - 82 |
Annotation | The article is dedicated to the analysis of theoretical and practical issues of the implementation of the EU-Ukraine Association Agreement covering competition. Within the review of each of the areas of competition regulation proposals on improving national legislation with the aim to implement the Association Agreement (amendments to the effective legal acts and adopting new ones) are made. In the area of improving the procedural aspects of enforcement of competition rules it is important to implement the principle of transparency and argumentation of decisions of the Antimonopoly Committee of Ukraine and case-law involving concerted actions and mergers and their due official publication. Basic gaps in the Ukrainian legislation on protection of economic competition are analyzed; trends and perspectives with a view to entry into force of the Association Agreement are determined. Given the analysis of the key areas of approximation of the Ukrainian legislation to the European Union law in accordance with the requirements of the Association Agreement, the main drawback of the Ukrainian legal system is lack of proper enforcement level and transparent mechanism and reforming decision making process, including through the mechanism of official publication of decisions of antimonopoly authority. |
Keywords | Association Agreement, Ukraine, European Union, competition, concerted practice, concentration, state aid. |
References | |
Electronic version | Download |