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LAW OF UKRAINE

of January 11, 2001 No. 2210-III

About protection of the economic competition

(The last edition from 18-01-2018)

This Law determines the legal basis of support and protection of the economic competition, restriction of monopolism in economic activity and is aimed at providing effective functioning of economy of Ukraine on the basis of development of the competitive relations.

Section I General provisions

Article 1. Determination of terms

The terms used in this Law have the following value:

the economic competition (competition) - competition between subjects of managing for the purpose of obtaining thanks to own achievements of benefits over other subjects of managing owing to what consumers, subjects of managing have opportunity to choose between several sellers, buyers, and the certain subject of managing cannot determine conditions of turnover of goods in the market;

information - data in any form and type and kept on any carriers (including correspondence, books, marks, illustrations (cards, charts, organigramma, drawings, schemes, etc.), photos, holograms, film, video, microfilms, sound records, databases of computer systems either complete or partial reproduction of their elements), explanations of persons and any other publicly announced or documentary data;

control - the decisive influence of one or several related legal entities and/or physical persons on economic activity of the subject of managing or its part performed directly or through other persons, in particular thanks to: to the property right or uses of all assets or their considerable part; to the right providing decisive influence on forming of structure, results of vote and the decision of governing bodies of the subject of managing; to the conclusion of the agreements and contracts giving the chance to determine conditions of economic activity, to give mandatory instructions or to perform functions of governing body of the subject of managing; to substitution of position of the head, deputy manager of the supervisory board, board, other supervisory or executive body of the subject of managing by person who is already occupying one or several of the specified positions in other subjects of managing; to occupation it is more than a half of positions of members of the supervisory board, board, other supervisory or executive bodies of the subject of managing by persons who are already occupying one or several of the specified positions in other subject of managing. The connected faces are legal entities and/or physical persons which jointly or in coordination perform economic activity, including jointly or in coordination influence economic activity of the subject of managing. In particular, as the related physical persons are considered such which are spouses, parents and children, brothers and (or) sisters;

the small and medium entrepreneur - the subject of managing, the income (revenue) from sales of products (goods, works, services) for the last financial year or asset cost of which does not exceed the amount equivalent to 500 thousand euros determined at the rate of the National Bank of Ukraine, acting in the last day of financial year if in the markets on which this entrepreneur acts, there are competitors with much bigger market share;

monopolization - achievement of managing by the subject of the exclusive (dominating) goods market position, maintenance or strengthening of this provision;

authorities - the ministries and other central executive bodies, the Verkhovna Rada of the Autonomous Republic of Crimea and executive bodies of the Autonomous Republic of Crimea, state bodies performing regulation of activities of subjects of natural monopolies, the security market, state bodies of privatization, National council of Ukraine concerning television and broadcasting, local executive bodies;

associations - associations of legal and (or) physical persons, including consolidation of the companies, and also public organizations;

bodies of administrative management and control subjects of managing, consolidation, other persons regarding accomplishment of management functions or control by them within the powers of authorities or local government bodies delegated by it;

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