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Registered by

Ministry of Justice of Ukraine

May 6, 1994

No. 90/299

ORDER OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

of April 19, 1994 No. 5

About approval of Provisional rules of hearing of cases about antitrust violation of Ukraine

(as amended on 26-04-2016)

According to the Resolution of the Supreme Council of Ukraine of November 26, 1993 N 3660-12 "About procedure for enforcement of the Law of Ukraine "About the Antimonopoly Committee of Ukraine" to approve Provisional rules of hearing of cases about antitrust violation of Ukraine which will be effective before adoption of the corresponding legal acts.

 

Chairman

A. Zavada

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

Rules of consideration of the applications and cases on violation of the law on protection of the economic competition (Rules of hearing of cases)

I. General provisions

1. These Rules determine separate features of procedure for 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) bodies of the Antimonopoly Committee of Ukraine according to the Law of Ukraine "About protection of the economic competition", the Law of Ukraine "About protection against unfair competition", the Law of Ukraine "About the Antimonopoly Committee of Ukraine" and establish procedure for test and review of decisions of bodies of Committee in these cases and are effective before adoption of the relevant acts of the legislation.

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

4. 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.

5. 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;

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