Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

It is registered

in the Ministry of Justice

Ukraine

On November 6, 2003 No. 1015/8336

ORDER OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

of August 29, 2003 No. 283-r

About approval of the Procedure of control over the implementation of the decision of the Cabinet of Ministers of Ukraine on provision of permission to coordinated actions, concentration of subjects of housekeeping

Being guided by the resolution of the Cabinet of Ministers of Ukraine "About approval of the Procedure for provision by the Cabinet of Ministers of Ukraine of permission to coordinated actions, concentration of subjects of housekeeping" of February 28, 2002 N 219, for the purpose of ensuring control of compliance with law about protection of the economic competition, the Antimonopoly Committee of Ukraine

DECIDED:

Approve the Procedure of control over the implementation of the decision of the Cabinet of Ministers of Ukraine on provision of permission to coordinated actions, concentration of subjects of housekeeping which is applied.

 

First deputy

Chairman of Committee

O. Melnichenko

IT IS APPROVED:

Chairman State

committee of Ukraine on questions

regulatory policy and

entrepreneurships I. Bogoslovskaya

Chairman State

committee of statistics of Ukraine of O. Osaulenko

Approved by the Order of the Antimonopoly Committee of Ukraine of August 29, 2003, No. 283-r the Order of the Ministry of Economy and European Integration of Ukraine of September 16, 2003 No. 256

Procedure of control over the implementation of the decision of the Cabinet of Ministers of Ukraine on provision of permission to coordinated actions, concentration of subjects of housekeeping

1. This Procedure is developed for the purpose of control of accomplishment by subjects of housekeeping of the decision of the Cabinet of Ministers of Ukraine on provision of permission to coordinated actions, concentration.

Terms "authorities", "bodies of administrative management and control" are used in their values according to the Law of Ukraine "About protection of the economic competition".

2. The procedure determines features of control of accomplishment by participants of coordinated actions, concentration of provisions of the decision of the Cabinet of Ministers of Ukraine on provision of permission to the corresponding coordinated actions, concentration.

3. Control of execution of the decision of the Cabinet of Ministers of Ukraine is imposed on the Antimonopoly Committee of Ukraine (further - Committee) with involvement of the Ministry of Economy and European Integration of Ukraine (further - the Ministry).

In case of need the Committee and/or the Ministry involve other executive bodies within their competence in control of accomplishment of the decision of the Cabinet of Ministers of Ukraine.

4. The main objectives of control of execution of the decision of the Cabinet of Ministers of Ukraine are compliance with law about protection of the economic competition, achievement of amounts of positive effect for public concerns from the permitted coordinated actions, concentration and comparisons of negative consequences of restriction of the competition to the reached amounts of positive effect.

5. Objects of control over the implementation of the decision of the Cabinet of Ministers of Ukraine are:

5.1. Activities of participants of coordinated actions, concentration in the markets involved by coordinated actions, concentration, in particular on ensuring the declared positive effect for public concerns from implementation of the coordinated actions permitted by the Cabinet of Ministers of Ukraine, concentration.

5.2. The extent of the reached positive effect for public concerns, components at the expense of which will reach this positive effect, their ratio with declared, in particular expansion and/or enhancement:

indicators of production of main types of goods (works, services);

structures of production;

quantities of workplaces;

production process, the operating technologies, machines and the equipment at the companies of industry;

goods competitiveness (works, services) and so forth.

5.3. The prices, production volumes, price relation of participants of coordinated actions, concentration with industry average, average across Ukraine, ratios of rates of economic growth with averages on industry, Ukraine.

5.4. Accomplishment by participants of coordinated actions, concentration of specific requirements and obligations which caused the decision of the Cabinet of Ministers of Ukraine on provision of permission and also those which accomplishment was provided in certain prospect.

5.5. Actually reached consequences of implementation of coordinated actions, concentration on which the Cabinet of Ministers of Ukraine provides permission.

5.6. Legitimacy of use of the advantages got on permission of the Cabinet of Ministers of Ukraine, in particular elimination from the market of competitors, creation of additional barriers and so forth.

6. Control of execution of the decision of the Cabinet of Ministers of Ukraine within powers, stipulated by the legislation, is provided:

Committee - establishment of compliance of really committed coordinated actions, concentration to coordinated actions, concentration on which permission of the Cabinet of Ministers of Ukraine, control of compliance with law about protection of the economic competition was provided;

The ministry - establishment of the gained positive effect for public concerns reached thanks to making of the coordinated actions permitted by the Cabinet of Ministers of Ukraine, concentration and comparison of such positive effect for public concerns with negative consequences of restriction of the competition;

other authorities - control of accomplishment of the decision of the Cabinet of Ministers of Ukraine within their competence.

7. Control of execution of the decision of the Cabinet of Ministers of Ukraine is exercised by Committee with involvement of the Ministry within powers, stipulated by the legislation, way:

7.1. Observations of situation in the goods markets in which participants of the declared coordinated actions, concentration perform the activities. The list of indicators on which observations are performed in particular can include:

sales amounts and level of satisfaction of demand;

price level;

height of barriers of access to the markets;

amounts of updating of the product range, increase in its high-quality level and level of its competitiveness;

export volumes and import of the corresponding products;

level of cost and technological efficiency of the companies operating in the corresponding markets, in particular indicators of sales amounts and share in the market of prime manufacturers of the corresponding products;

quantity of workplaces and the salary level at the companies operating in the corresponding markets;

availability of statements, claims of participants of the market concerning violations of the law about protection of the economic competition and so forth.

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