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 Ministry of Justice of Ukraine

March 7, 2002

No. 238/6526

ORDER OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

of February 12, 2002 No. 26-r

About approval of the Regulations on procedure for provision of statements in bodies of the Antimonopoly Committee of Ukraine for provision of permission to coordinated actions of subjects of housekeeping

(as amended on 18-06-2020)

Being guided by article 8 of the Law of Ukraine "About the Antimonopoly Committee of Ukraine" and article 11 of the Law of Ukraine "About protection of the economic competition", the Antimonopoly Committee of Ukraine

DECIDED:

Approve Regulations on procedure for provision of statements in bodies of the Antimonopoly Committee of Ukraine for provision of permission to coordinated actions of subjects of housekeeping which is applied.

Chairman of Committee

O. Kostusev

Approved by the Order of the Antimonopoly Committee of Ukraine of February 12, 2002 No. 26-r

Regulations on procedure for provision of statements in bodies of the Antimonopoly Committee of Ukraine for provision of permission to coordinated actions of subjects of housekeeping
(Regulations on coordinated actions)

1. General provisions

The regulations on procedure for provision of statements in bodies of the Antimonopoly Committee of Ukraine for provision of permission to coordinated actions of subjects of housekeeping (further - Regulations on coordinated actions) are developed according to the Laws of Ukraine "About protection of the economic competition", "About the Antimonopoly Committee of Ukraine" for the purpose of prevention of non-admission, elimination or restriction of the competition.

The regulations on coordinated actions establish procedure for provision and consideration of the applications in bodies of the Antimonopoly Committee of Ukraine (further - Committee) concerning provision of permission to coordinated actions of subjects of housekeeping which brought or can lead to non-admission, elimination or restriction of the competition, provision of preliminary conclusions concerning such actions, and also provision of the conclusions concerning compliance of coordinated actions of subjects of housekeeping to requirements of the Law of Ukraine "About protection of the economic competition".

2. Terms and reducings which are used in Regulations on coordinated actions

2.1. Provision of permission (refusal in provision of permission) - acceptance by body of Committee of the decision on provision of permission (refusal in provision of permission) on coordinated actions of subjects of housekeeping, change in coordinated actions of subjects of housekeeping.

2.2. Provision of preliminary conclusions - provision by body of Committee of the conclusions of rather probable decision to the point on receipt by the applicant of permission to coordinated actions of subjects of housekeeping which brought or can be led to non-admission, elimination or restriction of the competition.

2.3. Provision of the conclusions concerning qualification of actions - provision by body of Committee to subjects of housekeeping of the conclusions based on information provided by them in the form of referral explanations concerning compliance of actions of subjects of housekeeping to provisions of articles 6 and 10 of the Law of Ukraine "About protection of the economic competition".

2.4. EGRPOU - Unified state register of the companies and organizations of Ukraine.

2.5. The statement - the statement in bodies of Committee for provision of permission to coordinated actions (change in coordinated actions) of subjects of housekeeping, about provision of preliminary conclusions or about provision of the conclusions concerning qualification of actions.

2.6. Case - case on coordinated actions.

2.7. Equivalent coordinated actions - coordinated actions which have the identical purpose are made by identical method, on identical conditions and with high probability will have identical consequences for the competition, but in which various subjects of housekeeping take part.

2.8. Region - Autonomous Republic of Crimea, area, cities of Kiev or Sevastopol.

2.9. The term "complete property complex" is used in its value according to article 4 of the Law of Ukraine "About lease of the state-owned and municipal property".

2.10. The terms "economic competition (competition)", "information", "control", "connected persons", "small and average entrepreneur", "monopolization", "authorities", "associations", "bodies of administrative management and control", "bodies of the Antimonopoly Committee of Ukraine", "the market of goods (goods market)", "the subject of housekeeping", "goods" are used in their values according to article 1 of the Law of Ukraine "About protection of the economic competition".

3. Scope of application

3.1. Preliminary receipt of permission of bodies of Committee according to article 10 of the Law of Ukraine "About protection of the economic competition" is obligatory on making by subjects of housekeeping of coordinated actions who brought or can lead to non-admission, elimination or restriction of the competition, in particular coordinated actions which concern:

1) price fixation or other conditions of acquisition or sales of goods;

2) restrictions of production, commodity markets, technical technology development, investments or establishment of control over them;

3) distributions of the markets or sources of delivery by the territorial principle, range of goods, amount of their realization or acquisition, around sellers, buyers or consumers or on other signs;

4) misstatements of results of the biddings, auctions, tenders, tenders;

5) elimination from the market or restriction of access to the market (exit from the market) other subjects of housekeeping, buyers, sellers;

6) applications of various conditions to equivalent agreements with other subjects of housekeeping that handicaps the last in the competition;

7) the conclusions of agreements on condition of acceptance by other subjects of housekeeping of additional obligations who on the content or according to trade and other fair customs in business activity do not concern subject of these agreements;

8) essential restriction of competitiveness of other subjects of housekeeping in the market without the reasons which are objectively justified on that.

Preliminary receipt of permission of bodies of Committee is obligatory also on changes in such coordinated actions.

Receipt of permission to coordinated actions of subjects of managing does not exempt from need of receipt of permission to concentration of subjects of managing if need of such permission is stipulated by the legislation.

3.2. Preliminary receipt of permission of bodies of Committee to making by subjects of housekeeping of the coordinated actions (including similar actions of the subjects of housekeeping provided by part three of article 6 of the Law of Ukraine "About protection of the economic competition) specified in Item 3. 1, is obligatory in such cases.

3.2.1. The conclusion subjects of housekeeping of agreements in any form.

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