ORDER OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

of April 19, 1994 No. 5

About approval of the Procedure for consideration by the Antimonopoly Committee of Ukraine and its territorial departments of statements and cases on violation of the law on protection of the economic competition

According to Item 7, parts two of Article 23 and part eleven of article 23-1 of the Law of Ukraine "About the Antimonopoly Committee of Ukraine" the Antimonopoly Committee of Ukraine DECIDED: 11 parts three of Article

Approve the Procedure for consideration by the Antimonopoly Committee of Ukraine and its territorial departments of statements and cases on violation of the law on protection of the added economic competition.

Approved by the Order of the Antimonopoly Committee of Ukraine of April 19, 1994 No. 5

Procedure for consideration by the Antimonopoly Committee of Ukraine and its territorial departments of statements and cases on violation of the law on protection of the economic competition

I. General provisions

1. This Procedure determines the procedure of consideration of the applications, cases on violation of the law on protection of the economic competition, including on protection against unfair competition (further - violation of the law about protection of the economic competition, violation), carrying out hearings by cases by bodies of the Antimonopoly Committee of Ukraine (further - bodies of Committee) according to the laws of Ukraine "About protection of the economic competition", "About protection against unfair competition", "About the Antimonopoly Committee of Ukraine" and establishes procedure for test and review of decisions of bodies of Committee on these cases.

2. Hearing of cases is performed on bases of equality of the parties before the law and bodies of the Antimonopoly Committee of Ukraine (further Committee) which consider cases.

3. The powers of officials provided by these Rules can be carried out by officials that they are replaced in accordance with the established procedure.

II. Organa Komitet, the considering cases, jurisdiction of cases

1. Cases on violation of the law on protection of the economic competition within competence are considered by bodies of Committee:

- Committee;

- Permanent administrative board of Committee;

- temporary administrative board of Committee;

- state representative of Committee;

- administrative board of territorial department of Committee.

2. Cases on violation in type are subordinated to administrative board of territorial department of Committee:

abuses of the monopoly (dominating) position, anti-competitive coordinated actions if effects of violation take place in the regional market;

unfair competition if the applicant and the defendant are in one region;

anti-competitive actions of authorities, local government bodies, bodies of administrative management and control, except those which are subordinated to Permanent administrative board of Committee;

authority delegations of authorities or local government bodies, except those which are subordinated to Permanent administrative board of Committee;

inducement to violations, creations of conditions for making of such violations or their legitimation by authorities, local government bodies, bodies of administrative management and control, except those which are subordinated to Permanent administrative board of Committee;

the restrictive and discrimination activities of subjects of housekeeping, associations provided by parts one and the second Article 18, Articles 19, 20 and 21 Laws of Ukraine "About protection of the economic competition" except those which are subordinated to the state authorized Committee;

failure to provide, provision of information in incomplete amount to territorial department in the terms or provision of unreliable information established by the chairman of territorial department, administrative board of territorial department of Committee or regulatory legal acts to territorial department;

creations of obstacles to employees of territorial department of Committee in conducting checks, survey, in withdrawal or property attachment, documents, objects or other data carriers;

provisions of recommendations by subjects of housekeeping, the associations, authorities, local government bodies, bodies of administrative management and control declining to making of violations of the law about protection of the economic competition or promoting making of such violations except those which are subordinated to Permanent administrative board of Committee;

rasplombirovaniye (printing) of rooms, systems of the electronic communications, other ownerships or storage locations of information which are sealed up (sealed) by employees of territorial department of Committee.

The cases subordinated to administrative board of territorial department of Committee are considered in territorial department in the place of making of violation or on the location of the defendant, or in the place of approach of effects of violation.

3. Cases on violation in type are subordinated to the state authorized Committee:

abuses of the monopoly (dominating) position, anti-competitive coordinated actions if effects of violation take place in the market covering several regions or in the nation-wide market;

unfair competition if the applicant and the defendant are in different regions;

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