ANTITRUST RULES

Representation in matters under the control of the Antimonopoly Committee of Ukraine. The development of markets and competition on them, the improvement of antimonopoly rules, the absorption and merger of business entities, unfair competition, concerted action and control over the concentrations of subjects is not an exclusive list of issues that companies may have.

Having a team of accountants, experts, independent property appraisers and experienced lawyers, we can comprehensively explore your situation and defend your interests before the AMCU. Protecting economic competition and the competitiveness of your business is an important and troublesome business. We will provide you with comprehensive legal advice and obtain authorization documents that will protect your competitiveness.

The main issues that are controlled by the AMCU are:

• Cases of a breaking of antimonopoly rules (norms of legislation) are a separate category of cases that under the competence of AMCU;
• Recommendations of the AMCU regarding compliance with antimonopoly legislation. Recommendations AMCU - are mandatory for execution;
• The preliminary conclusion to the possibility of granting permission for concerted actions, concentration, the possibility of the refusal to grant permission for concerted actions, concentration, necessity or absence of the need to obtain permission for concerted actions, concentration;
• Permit for concerted action and/or concentration;
• Appeal of public procurement.

The main violations of antimonopoly rules and legislation about protection of economic competition are:

anticompetitive concerted actions, restrictive actions;  actions prohibited by law;

abuse of monopoly (dominant) position;

anticompetitive actions of authorities, local self-government bodies, bodies of administrative management and control;

failure to comply with the decision, the previous decision of the AMCU authorities or their implementation is not fully implemented;

implementation by participants of concerted actions - actions prohibited by law;

a delegation of powers of government bodies or local governments in cases prohibited by law;

restrictive and discriminatory activities prohibited by law;

violation of the provisions of the constitutive documents of the economic entity agreed upon with the AMCU bodies created as a result of concentration, if this leads to restriction of competition;

concentration without obtaining the appropriate permission from the AMCU authorities, if such a permit is required;

do not provide information to the AMCU on time;

inadequate reporting of information;

provide inaccurate information;

creation of obstacles to AMCU employees in carrying out inspections, including taking into account seizure or seizure of property, documents, objects or other information carriers;

the provision of recommendations by business entities, associations, authorities, local governments, administrative and economic management and control bodies that incline to commit violations of legislation on the protection of economic competition or contribute to the commission of such violations;

restrictions in the economic activity of the enterprise in response to the fact that it applied to the AMCU with a statement on violation of the legislation on the protection of economic competition;

failure of participants concerned actions, concentration, in  requirements and obligations, which resulted from the decision to grant permission for concerted actions, concentration.

The cost of our lawyers' services and government payments

We will help you to prevent anticompetitive actions in advance and obtain all permits for your concerted action or concentration. The implementation of antimonopoly rules, and their skillful application will be your competitive advantage.

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