No

Current version

Proposed changes

1.

Article 1. Definitions

So far, no changes in this part

2.

associations/groups shall mean groups of legal entities and (or) individuals, including associations of enterprises and non-governmental organizations;

So far, no changes in this part

3.

administrative and economic management and control bodies shall mean undertakings, associations/groups, other persons in terms of their performing functions of management or control within such authorities of state authorities or local self-government bodies that are delegated to them;;

administrative and economic management and control bodies shall mean undertakings, groups, other persons in terms of their performing functions of management or control provided, including delegated, to them by the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, authorities or local selfgovernment bodies;

4.

No provision

behavioral remedies for protection of competition (behavioral obligations) - material and legal measures by means of which an influence is exerted on an undertaking, association, governmental authority, local self-government authority, administrative and economic management and control authority in order to change their behavior that affects or may affect competition, interests of other undertakings or consumers in the product market. 

Behavioral remedies for the protection of competition, in particular, include obligations of governmental authorities, local governments, administrative and economic management and control bodies to make a decision, cancel or change a decision or terminate an agreement;

5.

No provision

principle of proportionality shall mean an approach to identification and application of remedies, which provides that an intervention of the state in 

economic relations should not exceed the scope of intervention necessary to restore conditions of effective competition on the product market;

6.

No provision

principle of reasonableness shall mean an approach to identification and application of remedies, which provides that commitments and/or sanctions imposed on an undertaking, group, authority, administrative and economic management and control body should not lead to to deterioration of conditions of competition on the product market, in particular, to impossibility of satisfying consumer demand;

7.

No provision

deterrent effect - an approach to determining and applying competition protection measures that prevents future violations by the same and other persons;

8.

No provision

Structural remedies (structural obligations) - substantive measures that provide for reorganization (merger, acquisition, division, transformation, spin-off), alienation of assets (property), corporate rights, including compulsory division, etc.

The structural remedies include, in particular, the divestiture of an undertaking occupying a monopoly (dominant) position on the market;

9.

Small and medium-sized entrepreneur - an undertaking whose income (revenue) from the sale of products (goods, works, services) for the last financial year or the value of assets does not exceed the amount equivalent to EUR 500 thousand, determined at the exchange rate of the National Bank of Ukraine effective on the last day of the financial year, if there are competitors with a significantly larger market share in the markets in which this entrepreneur operates.

an undertaking shall mean such a legal person irrespective of its organization and legal form, its form of ownership or such an individual that is engaged in the production, sale, or purchase of products and in other economic activities, including a person who exercises control over

small and medium-sized entrepreneur - an undertaking whose income from economic activity for the last fiscal year or the value of assets does not exceed the amount equivalent to EUR 500 thousand, determined at the exchange rate of the National Bank of Ukraine effective on the last day of the fiscal year, if there are competitors with a significantly larger market share in the markets in which this entrepreneur operates.

undertaking - a legal entity regardless of organizational and legal form and form of ownership or an individual engaged in economic activities, including those that

another legal entity or individual; a group of undertakings connected by relations of control.

State authorities, local selfgovernment bodies, administrative and economic management and control bodies shall also be considered as undertakings in terms of their activities in the production, sale, and purchase of products or in terms of their other economic activities. Activities of an individual in the purchase of consumer goods for their final consumption shall not be considered as economic activities;

directly or indirectly exercise control (except for government authorities, local self-government bodies in terms of exercising their power) over another legal entity or individual engaged in economic activities; a group of undertaking - legal entities and/or individuals linked by relations of control.

State authorities, local self-government bodies, administrative and economic management and control bodies shall also be considered as undertakings solely in terms of their economic activities.

10.

No provision

economic activity - an activity that consists in offering goods, works and services on the market, including any type of production, commercial, financial activity. The acquisition of goods, works, and services is also considered to be a economic activity if their further use ensures the implementation of economic activity. An individual's activity of purchasing consumer goods for final consumption is not considered to be a economic activity;

11.

No provision

upstream market shall mean a market of goods, the production (sale) of which is necessary for the production (sale) of goods circulating on another relevant market;

12.

No provision

downstream market shall mean a market of goods, the production (sale) of which requires the use of goods circulating on another relevant market;

13.

Article 5. Concerted actions

Article 5. Concerted actions

14.

1. Concerted actions include conclusion of agreements by undertakings in any form, adoption of decisions by associations/groups in any form, as well as any other concerted competitive behavior (activity, inaction) of undertakings.

1. Concerted actions are conclusion of agreements by undertakings in any form, adoption of decisions by groups in any form, as well as any other concerted competitive behavior of undertakings.

15.

Concerted actions also include the establishment of an undertaking, association/group, the purpose or effect of which is to coordinate competitive behavior between the undertakings that established the said undertaking, association/group, or between them and the newly established undertaking, or joining such an association/group, except as provided by the Law of Ukraine "On Media".

Concerted actions also include the establishment of an undertaking, group, the purpose or effect or activity of which is to coordinate competitive behavior between the undertakings that established the said undertaking, group, or between them and the newly established undertaking, or joining such a group, except as provided by the Law of Ukraine "On Media".

16.

2. Persons who perform or intend to perform concerted actions are participants in concerted actions.

2. Persons who take part in concerted actions are participants in concerted actions.

17.

Article 6. Anti-competitive concerted actions of undertakings

Article 6. Anti-competitive concerted actions of undertakings

18.

1. Anti-competitive concerted practices are concerted practices that have led or may lead to the prevention, elimination, or restriction of competition.

1. Anti-competitive concerted actions are concerted actions that by their object or effect have led or may lead to the prevention, elimination, or restriction of competition.

19.

2. Anti-competitive concerted actions, in particular, are recognized as concerted actions related to:

2. Anti-competitive concerted actions, in particular, are recognized as concerted actions related to:

20.

1) setting prices or other conditions for the purchase or sale of goods;

1) direct or indirect setting of prices or other conditions for the purchase or sale of goods;

21.

2) limiting production, markets, technical and technological development, investments or establishing control over them;

So far, no changes in this part

22.

3) distribution of markets or sources of supply on a territorial basis, by the range of goods, the volume of their sale or purchase, by the circle of sellers, buyers or consumers, or on other grounds;

So far, no changes in this part

23.

4) distortion of the results of auctions, contests and tenders;

So far, no changes in this part

24.

5) removal from the market or restriction of access to the market (exit from the market) of other undertakings, buyers, sellers;

So far, no changes in this part

25.

6) application of different conditions to equivalent agreements with other undertakings, which puts the latter at a competitive disadvantage;

So far, no changes in this part

26.

7) entering into agreements subject to the acceptance by other undertakings of additional obligations that, by their nature or in accordance with trade and other fair business practices, do not relate to the subject matter of these agreements;

7) entering into agreements subject to the acceptance by other parties of additional obligations that, by their nature or in accordance with trade and other fair business practices, do not relate to the subject matter of these agreements;

27.

8) significant restriction of competitiveness of other undertakings in the market without objectively justified reasons.

To be removed

28.

3. Anticompetitive concerted actions are also considered to be similar actions (inaction) by undertakings in the commodity market that have led or may lead to the prevention, elimination, or restriction of competition if the analysis of the situation in the commodity market refutes the existence of objective reasons for such actions (inaction).

3. The anticompetitive concerted actions provided for in part one and/or two of this Article shall be deemed to be similar actions (inaction) by undertakings on the commodity market if the analysis of the situation on the commodity market refutes the existence of objective reasons for such actions (inaction).

29.

4. Any anticompetitive concerted actions shall be prohibited and shall be punishable by law.

So far, no changes in this part

30.

No provision

5. Agreements in any form and decisions of associations in any form that constitute anticompetitive concerted actions covered by the prohibition established by part four of this Article shall be null and void to the extent that they lead or may lead to the prevention, elimination or restriction of competition.

31.

No provision

6. A transaction to which a participant in anti-competitive concerted actions, which is subject to the prohibition established in part four of this Article is a party, may be declared invalid by the court in whole or in part at the request of the party to the transaction whose interests were violated, if the terms of such transaction were determined as a result of such anticompetitive concerted actions.

32.

No provision

7. In case transactions are recognized as invalid, on the grounds established in part six of this Article, the party that is a participant in anti-competitive concerted actions shall be obliged to return to the other party everything that it has received for the

implementation of this transaction, and in the event of the impossibility of such return, in particular when when what has been received consists in obtaining rights to use, manage property, rights to carry out certain types of activities, special permits to use the subsoil, licenses to use the radio frequency spectrum, other rights, work performed, services provided, - to reimburse the value of what was received, at prices, which exist at the time of reimbursement. All that has been received for the implementation of such a transaction by the other party shall not be returned or reimbursed.

33.

No provision

8. Concerted actions between competitors, provided for in clauses 1, 2, 3, 4 of part two of this Article, are anti-competitive concerted actions by their object, which do not require proof of their negative consequences for competition.

34.

Article 7. Concerted actions of small or medium-sized entrepreneurs

So far, no changes in this part

35.

The provisions of Article 6 of this Law shall not apply to any voluntary concerted actions of small or medium-sized entrepreneurs regarding the joint purchase of goods that do not lead to a significant restriction of competition and contribute to the competitiveness of small or medium-sized entrepreneurs.

So far, no changes in this part

36.

No provision

Article 7-1. Concerted actions with negligible effect on competition.

37.

No provision

1. The provisions of part four of Article 6 of this Law shall not apply to concerted actions of undertakings that do not have a significant impact on competition on any commodity market.

38.

No provision

2. The provisions of part one of this Article shall not apply to concerted actions that are anti-competitive by their object.

39.

No provision

3. Conditions under which the impact of concerted actions of undertakings on competition is not considered significant shall be determined in the regulatory act of the Antimonopoly Committee of Ukraine.

40.

Article 8. Concerted actions on the supply and use of goods

To be removed

41.

Provisions of Article 6 of this Law shall not apply to concerted actions on supply or use of goods if a participant of concerted actions sets restrictions on the use of goods in relation to another participant in concerted actions:

use of goods supplied by him or goods of other suppliers; purchase from other undertakings or sale to other undertakings or consumers of other goods;

purchase of goods that by their nature or in accordance with trade and other fair business practices are not the subject of the transaction;

setting prices or other terms of the agreement for the sale of the delivered goods to other undertakings or consumers.

The provisions of Article 6 of this Law shall apply to concerted actions provided for in part one of this Article, if such concerted actions:

result in a significant restriction of competition in the entire market or in a significant part of it, including monopolization of the relevant markets; restrict access to the market for other undertakings; result in economically unjustified price increases or shortages of goods.

To be removed

42.

Article 9. Concerted actions on intellectual property rights

To be removed

43.

1. The provisions of Article 6 of this Law shall not apply to agreements on the transfer of intellectual property rights or on the use of intellectual property rights to the extent that they restrict the economic activity of the party to the agreement to which the right is transferred, if such restrictions do not go beyond the legal rights of the intellectual property rights holder.

To be removed

2. The restrictions on the scope of rights to be transferred, the term and territory of the permit for the use of an intellectual property object, as well as the type of activity, the scope of use, and the minimum production volume shall be deemed to be within the scope of the rights specified in part one of this Article.

44.

Article 10. Concerted actions that may be permitted

Article 10. Permitted concerted actions

45.

1. The concerted actions provided for in Article 6 of this Law may be permitted by the relevant bodies of the Antimonopoly Committee of Ukraine if the participants prove that these actions are promoting:

1. The provisions of part four of Article 6 of the Law shall not apply to concerted actions of undertakings, if such actions:

46.

improvement of production, purchase, or sale of goods; technical, technological, and economic development; development of small or medium-sized entrepreneurs; optimization of the export or import of goods; development and application of unified technical specifications or standards for goods; production rationalization.

(1) contribute to improvement of production or distribution of goods (works, services), or technical or economic progress, 

47.

No provision

(2) ensure that consumers receive a fair share of the positive effect (received benefit) from such concerted actions; 

48.

No provision

(3) do not impose restrictions on undertakings that are not necessary to achieve the goals specified in clause 1 of this part;

49.

No provision

(4) do not provide such undertakings with an opportunity to restrict competition on the product market (commodity market).

50.

2. The concerted actions provided for in part one of this Article may not be permitted by the bodies of the Antimonopoly Committee of Ukraine if competition is significantly restricted in the entire market or in a significant part thereof.

2. Concerted actions provided for in part one of this Article shall be permitted.

51.

3. The Cabinet of Ministers of Ukraine may permit concerted actions for which the Antimonopoly Committee of Ukraine has not granted clearance in accordance with part two of this Article, if the participants of concerted actions prove that the positive effect for the public interest outweighs the negative consequences of competition restriction.

To be removed

52.

The clearance under part three of this Article may not be granted if:

participants in concerted actions apply restrictions that are not necessary for the

implementation of concerted actions; restriction of competition is a threat to the market economic system.

The concerted actions provided for in this Article shall be prohibited until the clearance of the Antimonopoly Committee of Ukraine or the Cabinet of Ministers of Ukraine is obtained.

To be removed

53.

No provision

3. During consideration of issues of violation of the legislation on protection of economic competition, provided for in Article 6 of this Law, the burden of proving that the conditions of the part one of Article 8 have been met shall be borne by the relevant undertaking.

54.

Article 11. Typical requirements for concerted actions

Article 11. Requirements for categories of permitted concerted actions

55.

1. The Antimonopoly Committee of Ukraine may define typical requirements for concerted actions provided for in Articles 7, 8, 9 and 10 of this Law.

1. The Antimonopoly Committee of Ukraine may determine typical requirements for categories of concerted actions of undertakings, which are not subject to the prohibition provided for in part four of Article 6 of this Law.

56.

2. The concerted actions that comply with the typical requirements for certain types of concerted actions established by the Antimonopoly Committee of Ukraine shall be permitted and shall not require the clearance of the bodies of the Antimonopoly Committee of Ukraine in accordance with part one of Article 10 of this Law, if this is expressly stated in the decision

To be excluded

of the Antimonopoly Committee of Ukraine on establishing the typical requirements.

57.

No provision

3. Typical requirements provided for in part one of this Article may provide for termination of their validity upon expiration of the term determined by the 

Antimonopoly Committee of Ukraine

58.

No provision

4. The Antimonopoly Committee of Ukraine may, on its own initiative or in connection with consideration of an application or a case on violation, not apply the typical requirements provided for in part one of this Article or their separate provisions to concerted actions of undertakings in case of establishment of noncompliance of such concerted actions with the requirements of part one of Article 10 of this Law.

59.

Article 12. Monopoly (dominant) position of an undertaking

So far, no changes in this part

60.

1. An undertaking holds a monopoly (dominant) position in the market for a good if:

it has no competitors in this market;

it is not subject to significant competition due to limited access by other undertakings to the purchase of raw materials and supplies and the sale of goods, barriers to market access for other undertakings, the availability of privileges or other circumstances.

So far, no changes in this part

61.

2. An undertaking with a market share of more than 35 percent shall be deemed to have a monopoly (dominant) position unless it proves that it is subject to significant competition.

So far, no changes in this part

62.

3. An undertaking may also be recognized as monopoly (dominant) if its market share is 35 percent or less, but it is not subject to significant competition, in particular due to the relatively small size of market shares held by competitors.

Leave unchanged as per current wording

63.

4. Each of two or more undertakings shall be deemed to hold a monopoly (dominant) position in the market of goods if there is no or little competition between them with respect to a certain type of goods and one of the conditions provided for in part one of this Article is met.

So far, no changes in this part

64.

5. The position of each of several undertakings shall also be considered monopoly (dominant) if the following conditions are met: [......]

So far, no changes in this part

65.

No provision

6. The methodology for determining the monopoly (dominant) position of an undertaking on the market shall be adopted by the Antimonopoly Committee of Ukraine and may establish specifics for determining the monopoly (dominant) position on certain commodity markets.

66.

Article 13. Abuse of monopoly (dominant) position in the market

Article 13. Abuse of monopoly (dominant) position in the market

67.

1. Abuse of a monopoly (dominant) position in the market is the actions or inaction of an undertaking that holds a monopoly (dominant) position in the market that have led or may lead to the prevention, elimination or restriction of competition, or infringement of the interests of other undertakings or consumers, which would be impossible in the conditions of significant competition in the market.

1. Abuse of a monopoly (dominant) position in the market is the actions or inaction of an undertaking that holds a monopoly (dominant) position in the market that have led or may lead to:

prevention, elimination or restriction of competition, or

infringement of interests of suppliers or buyers, including consumers, which would be impossible if there was significant competition on the market

68.

2. The following is recognized an abuse of a monopoly (dominant) position in the market, namely:

So far, no changes in this part

69.

1) setting prices or other conditions for the purchase or sale of goods that would not have been possible to set in the presence of significant competition in the market;

So far, no changes in this part

70.

2) applying different prices or different other conditions to equivalent transactions with undertakings, sellers, or buyers without objectively justified reasons;

2) applying different prices or different other conditions to equivalent transactions with undertakings, sellers, or buyers without objectively justified reasons, which creates unfavorable conditions of competition for them;

71.

3) making agreements conditional on the undertaking's assumption of additional obligations that are not related to the subject matter of the agreement by their nature or in accordance with trade and other fair business practices;

So far, no changes in this part

72.

4) restrictions on production, markets or technical development that have caused or may cause damage to other undertakings, buyers, sellers;

4) restrictions on production, markets or technical development that have caused or may cause damage to interests of consumers;

73.

5) partial or complete refusal to purchase or sell goods in the absence of alternative sources of sale or purchase;

5) partial or complete refusal to supply goods for normal remuneration and/or on normal conditions, including refusal of access to information, networks or other infrastructure facilities, if the supply or provision of such access is objectively necessary for the implementation of economic activity, and if such a refusal leads or may lead to prevention, elimination or restriction of competition on the product market without objectively justified reasons.

74.

6) significant restriction of competitiveness of other undertakings in the market without objectively justified reasons;

To be removed

75.

7) creation of obstacles to market access (exit from the market) or elimination of sellers, buyers, and other undertakings from the market.

7) actions that create obstacles to access to the market (exit from the market) or eliminate or may eliminate sellers, buyers, other undertakings from the market, except for such obstacles (elimination) that are the result of competition.

76.

3. Abuse of a monopoly (dominant) position in the market shall be prohibited and shall be punishable by law.

So far, no changes in this part

77.

No provision

4. A transaction concluded by an undertaking that occupies a monopoly (dominant) position on the market may be declared invalid by the court at the request of the party to the transaction, whose interests were violated, if the terms of such transaction were determined as a result of abuse of the monopoly (dominant) market position.

78.

No provision

5. In case the transaction is recognized as invalid, on the grounds established in part four of this article, the party that is an undertaking occupying a monopoly (dominant) shall be obliged to return to the other party everything that it has received for the implementation of this transaction, and in the event of the impossibility of such return, in particular when when what has been received consists in obtaining rights to use, manage property, other rights, work performed, services provided, - to reimburse the value of what was received, at prices, which exist at the time of reimbursement. All that has been received for the implementation of such a transaction by the other party shall not be returned or reimbursed.

79.

Article 14. Conclusions on the qualification of actions

Article 14. Conclusions on the qualification of actions

80.

increase the predictability of its application, the Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine may provide undertakings with conclusions in the form of advisory explanations on the basis of the information provided by them in the form of recommendations regarding the compliance of the actions of these undertakings with the provisions Articles 6, 10, 13 of this Law and Article 151 of the Law of Ukraine "On Protection from Unfair Competition".

1. In order to prevent violations of the legislation on the protection of economic competition, to increase the predictability of its application, the Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine may provide undertakings with conclusions in the form of advisory explanations on the basis of the information provided by them in the form of recommendations regarding the compliance of the actions (inaction) of these undertakings with the provisions Articles 6, 10, 13 of this Law and Article 151 of the Law of Ukraine "On Protection from Unfair Competition".

81.

No provision

2. Regarding compliance of each individual action (inaction) with the provisions of an individual norm of legislation on protection of economic competition, a separate application shall be submitted.

82.

Article 18. Restrictive activities of undertakings and associations/groups

Article 18. Restrictive activities of undertakings and groups

83.

1. Undertakings and associations/groups shall be prohibited from inducing other undertakings to commit violations of the legislation on the protection of economic competition or facilitate the commission of such violations.

1. Undertakings and groups shall be prohibited from inducing other undertakings to commit violations of the legislation on the protection of economic competition or facilitating their commission.

84.

2. Undertakings and associations/groups shall be prohibited from coercing other undertakings:

So far, no changes in this part

85.

to anticompetitive concerted actions as defined in Article 6 of this Law;

So far, no changes in this part

86.

to concerted actions specified in Articles 7, 8, 9 and 10 of this Law;

To be removed

87.

to participate in the concentration of undertakings as defined in Article 22 of this Law

To be removed

88.

Article 19. Unlawful use of market power by an undertaking

Article 19. A more favorable bargaining position of an undertaking

89.

1. Undertakings that have received clearance from the relevant bodies of the Antimonopoly Committee of Ukraine for concerted actions in accordance with part one of Article 10 of this Law, undertakings whose concerted actions are permitted in accordance with Articles 7, 8 and 9 of this Law, are prohibited from imposing restrictions on economic activities of undertakings that are not generally applicable to other undertakings, or applying different approaches to

1. An undertaking has a more favorable bargaining position in relation to another undertaking (buyer, seller), if such other undertaking is dependent on it.

different undertakings without objectively justified reasons.

90.

No provision

A more favorable bargaining position exists regardless of whether the undertaking enjoys a monopoly (dominant) position or not.

91.

2. Undertakings that, in accordance with part three of Article 10 of this Law, have received a clearance from the Cabinet of Ministers of Ukraine for concerted actions regardless of their monopolistic position, shall be prohibited from taking actions considered to be abuse of monopoly (dominant) position in the market in accordance with Article 13 of this Law.

2. An undertaking (buyer, seller) is dependent on another undertaking if the switch to another buyer (seller) leads or may lead to significant losses on part of the dependent undertaking. Dependency exists as a result of the occurrence of one or more circumstances specified in part three or part four of this Article.

92.

3. The undertakings referred to in part one of this Article shall be prohibited from persuading other undertakings to provide any undertakings with preferential conditions in economic activity without objective reasons.

3. An undertaking is one on which another undertaking depends, in particular, if:

The size of the total value of assets and/or the total turnover of such an undertaking is four times those of similar indicators of a dependent undertaking; or

The size of the share in the respective commodity market of such undertaking is four times larger than the size of the share in the same commodity market of the dependent undertaking; or

The dependent undertaking does not have the technologies and/or opportunities to access markets, distribution and procurement channels, and/or other necessary conditions for conducting a certain economic activity, available to the undertaking it depends on.

93.

No provision

4. Dependence arises in connection with the sale of agricultural and/or food 

products: 

(а) suppliers, whose annual aggregate volume of sales of goods, taking into account control relations, including overseas, does not exceed the amount equivalent to 2 million euros, buyers, whose annual aggregate volume of sales of goods, taking into account control relations, including overseas, exceeds an amount equivalent to 2 million euros;

suppliers, whose annual aggregate volume of sales of goods, taking into account control relationships, including overseas, exceeds the amount equivalent to 2 million euros, but does not exceed 10 million euros, buyers, whose annual aggregate volume of sales of goods, taking into account control relationships, including overseas, exceeds the amount equivalent to 10 million euros;

suppliers, whose annual aggregate volume of sales of goods, taking into account control relationships, including overseas, exceeds the amount equivalent to 10 million euros, but does not exceed 50 million euros, buyers, whose annual aggregate volume of sales of goods, taking into account control relationships, including overseas, exceeds the amount equivalent to 50 million euros;

suppliers, whose annual aggregate volume of sales of goods, taking into account control relationships, including overseas, exceeds the amount equivalent to 50 million euros, but does not exceed 150 million euros, buyers, whose annual aggregate volume of sales of goods, taking into account control relationships, including overseas, exceeds the amount equivalent to 150 million euros;

suppliers, whose annual aggregate volume of sales of goods, taking into account control relationships, including overseas, exceeds the amount equivalent to 150 million euros, but does not exceed 350 million euros, buyers, whose annual aggregate volume of sales of goods, taking into account control 

relationships, including overseas, exceeds the amount equivalent to 350 million euros.

94.

No provision

5. An undertaking shall not be considered to be dependent on another undertaking, in particular, if:

95.

No provision

(1) respective contractual relations last less than three consecutive years; or

96.

No provision

(2) the turnover volume between the respective undertakings is less than 30 percent of the total value of assets or the total volume of sales of goods, including overseas, taking into account the control relationship, of the undertaking, whose dependence is being established, for the last financial year preceding the year, in which actions (inaction) that have signs of abuse of a more favorable bargaining position began.

97.

No provision

The provisions of indents two and three of this part shall not apply in the case when a dependent undertaking, regardless of the existence of contractual relations with an undertaking that has a more favorable bargaining position, made documented investments in capital equipment, human resources, trademarks for goods and services, advertising, any other forms promotion of a product on the market and technology to establish or maintain relations with an undertaking that has a more favorable bargaining position, the volume of which is equal to or exceeds 30 percent of the total value of assets or the total volume of sales of goods, including overseas, taking into account the relationship of control, of the dependent undertaking for the last financial year preceding the year in which the actions or inaction took place,

98.

No provision

6. For the purposes of calculating the indicators specified in parts 3-5 of this 

Article:

Euro equivalents in the national currency of Ukraine shall be determined at the official exchange rate established by the National Bank of Ukraine effective on the last day of the financial year;

the amount of the total value of assets and/or the total volume of sales of goods shall be determined taking into account relations of control, including overseas, for the last financial year preceding the year in which actions (inaction), which have signs of abuse of a more favorable bargaining position, began;

the total volume of sales of goods shall be determined as the amount of income from the economic activity of an undertaking after deducting the amount of value added tax, excise tax, other taxes and fees, whose base for taxation pertains to indicators for the last financial year preceding the year, in which actions (inaction) which have signs of abuse of a more favorable bargaining position, began.

For the purposes of part 4 of this Article, only the aggregate volume of sales of agricultural and food products shall be taken into account.

99.

4. The provisions of parts one and three of this Article shall also apply to undertakings if small or medium-sized entrepreneurs depend on them due to the lack of alternative sources of obtaining or supplying a certain type of goods. A seller of a certain type of goods is considered to be dependent on a buyer if the buyer receives from the seller, in addition to traditional trade discounts or other forms of remuneration, special remuneration that other similar buyers do not receive.

7. The methodology for determining a more favorable bargaining position of an undertaking shall be adopted by the Antimonopoly Committee of Ukraine and may establish, among other things, the specifics of determining a more favorable bargaining position in certain commodity markets.

100.

Article 20. Discrimination of competitors by undertakings

Article 20. Abuse of a more favorable bargaining position

101.

Undertakings that have significantly greater market influence than small or medium-sized entrepreneurs who are their competitors are prohibited from creating obstacles to the economic activity of small or medium-sized entrepreneurs, in particular, from committing actions prohibited under parts one and three of Article 19 of this Law.

To be removed

102.

No provision

1. An abuse of a more favorable bargaining position shall be an action or inaction by an undertaking to establish conditions for a dependent undertaking that such an undertaking would not have agreed to in the absence of dependence on the undertaking proposing the respective conditions.

103.

No provision

2. In particular, the following shall be recognized as the abuse of a more favorable bargaining position:

104.

No provision

(1) creating conditions for a dependent undertaking that put it in a disadvantageous position compared to competitors without objectively justified reasons, including by setting prices or conditions for the sale of goods for the dependent undertaking, limiting access to innovations, existing or potential buyers, sellers of the undertaking, etc;

105.

No provision

(2) inducing or coercing a dependent undertaking entity to accept additional obligations, costs or risks, which by their nature and in accordance with trade and other fair customs in economic activity do not relate to the subject of the agreement;

106.

No provision

(3) undertaking with a more favorable bargaining position pushing a dependent undertaking to provide individual buyers, sellers with benefits, preferences, special prices or conditions for the purchase or sale of goods;

107.

No provision

(4) coercion or inducement by an undertaking that has a more favorable bargaining position of a dependent undertaking to provide discounts and/or bonuses, price increases, changes in the terms of warranty or other maintenance of goods, in particular after their sale, if such actions occur after the delivery of goods (works, services).

108.

No provision

5) forcing a dependent undertaking to pay additional funds, pay for additional costs, provide additional services, in particular, costs for moving goods to another seller or buyer or for measures to promote goods on the market.

109.

No provision

(6) obliging the supplier to pay for damage or loss of products that occurred in the premises owned or used by the buyer, unless such damage or loss of products was caused due to the fault of the supplier;

110.

No provision

(7) obliging the supplier to reimburse the funds spent on handling the complaints of the buyer's customers, despite the lack of fault on the part of the supplier;

111.

No provision

(8) returning the products received from the supplier to this supplier with the imposition of costs related to such a return;

112.

No provision

(9) canceling orders for perishable products, refusal to receive such products, which leads or may lead to supplier losses;

113.

No provision

(10) unilaterally changing the provisions of the agreement, which relate to the method, place, terms or volume of product supply or service provision, quality standards, payment terms or price;

114.

No provision

(11) delay of the payment term or reduction of the amount of the agreed payment by an undertaking that has a more favorable bargaining position;

115.

No provision

(12) establishing payment deadlines exceeding:

30 days for perishables and 60 days for other food and agricultural products, regardless of the presence or absence of an agreement or other circumstances;

30 days in the absence of an agreement, 60 days in the presence of an agreement, and more than 60 days, provided that this does not result in losses for the supplier;

116.

No provision

(13) unilateral suspension of payment terms, if this leads to exceeding the payment deadlines specified in clause 12 of this part.

117.

No provision

3. Abuse by an undertaking of a more favorable bargaining position in economic relations with a dependent undertaking shall be prohibited and shall entail liability in accordance with the law.

118.

No provision

4. The actions (inaction) provided for in parts one and two of this Article shall not be considered abuse of a more favorable bargaining position, if:

119.

No provision

1) a legal dispute between an undertaking that has a more favorable bargaining position and a dependent undertaking, whose subject is the fulfillment of obligations or recognition of a transaction as invalid, is pending at the commercial court before the court decision enters into force, or

120.

No provision

(2) the parties have clearly and unambiguously agreed in advance in the agreement the following conditions:

the buyer returns unsold products without making payment for them;

the buyer charges the supplier a fee for storage, display, or provision of sales opportunities for products;

the buyer requires the supplier to fully or partially pay for any discounts on products sold by the buyer as part of the promotion;

the buyer requires the supplier to pay for advertising by the buyer of the products;

(g) the buyer requires the supplier to pay for the buyer's marketing of the products;

(e) the buyer charges the supplier for personnel to furnish the premises used for the sale of the supplier's products.

121.

Article 21. Restrictive activities of associations/groups

Article 21. Restrictive activities of groups

122.

1. Restrictive activity of associations/groups by refusing to admit an undertaking to such an association/group, which puts it at a disadvantage in competition, is not allowed, if such refusal is unreasonable and unjustified.

Restrictive activities of groups, which include members that collectively have the opportunity to significantly influence conditions of competition on a certain product market by refusing to accept an undertaking into the group, shall not be allowed, if such a refusal is unfounded and unjustified and causes harm or may harm competition.

123.

2. Part one of this Article shall apply to associations/groups if the following conditions are met with respect to them:

To be removed

124.

An association/group can unite all participants in a particular market or territory;

To be removed

125.

the association/group is created or operates to achieve non-profit goals;

To be removed

126.

the establishment and operation of the association/group does not lead to economic concentration and anticompetitive concerted practices under this Law.

To be removed

154.

Article 23. Participants of concentration of undertakings

No changes

155.

The participants of the concentration are:

No changes

156.

undertakings in respect of which a merger or acquisition is or is to be carried out;

No changes

157.

undertakings that acquire or intend to acquire control over an undertaking, and undertakings in respect of which control is acquired or is to be acquired;

No changes

158.

undertakings whose assets (property), shares (stocks, units) are acquired, managed (used), leased, received as a leasing, conceded or are to be acquired, and their buyers (recipients), acquirers;

No changes

159.

undertakings that are or intend to become founders (participants) of a newly established undertaking. If one of the founders is an executive authority, local self-government body, administrative and economic management and control body, an undertaking whose assets

No changes

(property) are contributed to the authorized capital of the newly established undertaking is also considered a participant of the concentration;

160.

undertakings that acquire or intend to acquire control over objects of privatization, and objects of privatization or bodies of executive power, local self-government bodies that manage undertakings, assets (property), shares (stocks, units) which are the object of privatization in the process of privatization of state and communal property objects;

undertakings that acquire or intend to acquire control over objects of privatization, and objects of privatization or undertakings, whose assets (property), shares (stocks, units) are the object of privatization, in the process of privatization of state and communal property objects

161.

individuals and legal entities related to the concentration participants referred to in paragraphs two through five of this Article by relations of control, which gives grounds to recognize the relevant group of persons as a single undertaking in accordance with Article 1 of this Law.

No changes

162.

Article 24. Cases in which it is necessary to obtain a clearance for the concentration of undertakings

No changes

163.

1. The concentration may be carried out only under the condition of obtaining the clearance of the Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine in all cases provided for in part two of Article 22 of this Law, if:

No changes

164.

1) the aggregate value indicators of all parties to the concentration, taking into account relations of control, including abroad, exceed an amount equivalent to 30 million euros, and at the same time, the value indicators in Ukraine of at least two parties to the concentration, taking into account relations of control, exceed the amount, equivalent to 4 million euros, each; or

No changes

165.

2) the value indicators in Ukraine of at least one party to the concentration, taking into account relations of control, exceed an amount equivalent to 8 million euros, and at the same time, the volume of sales of goods of at least one other party to the concentration, taking into account relations of control, including abroad, exceeds the amount , equivalent to 150 million euros.

2) the value indicators in Ukraine of at least one party to the concentration, taking into account relations of control, exceed an amount equivalent to 8 million euros, and at the same time, the volume of sales of goods of at least one other party to the concentration, taking into account relations of control, including abroad, exceeds the amount , equivalent to 150 million euros, or

No provision

3) the value of the assets of the entity, a block of shares (stakes) or a single property complex of which is the object of privatization, taking into account the control relations, for the last financial year, or the volume of sales of goods in Ukraine of the entity, a block of shares (stakes) or a single property complex of which is the object of privatization, taking into account the control relations, for the last financial year, or the sale price of the privatization object exceeds the amount equivalent to EUR 4 million, determined at the official exchange rate set by the National Bank of Ukraine effective on the last day of the financial year.

166.

2. For the purposes of calculating the indicators specified in part one of this Article:

No changes

167.

the value indicators of the party to the concentration are the greater of the following amounts: the total value of assets as of the last day of the last financial year or the total volume of sales of the undertaking's goods for the last financial year;

No changes

168.

Euro equivalents in the national currency of Ukraine are determined at the official exchange rate established by the National Bank of Ukraine effective on the last day of the financial year.

No changes

169.

When calculating the volume of sales of goods of the parties to the concentration, the amount of income (revenue) from the sale of products (goods, works, services) is used, after deducting the amount of value added tax, excise tax, other taxes and fees, the basis for taxation of which is turnover, for the last financial reporting year preceding the submission of the application.

When calculating the volume of sales of goods of the parties to the concentration, the amount of income from the economic activity of an undertaking is used, after deducting the amount of value added tax, excise tax, other taxes and fees, the basis for taxation of which is turnover, for the last financial reporting year preceding the submission of the application.

170.

3. When calculating the value indicators of the parties to the concentration in cases where the object of acquisition of control (taking into account the legal entities controlled by it) directly or indirectly has no assets and at the same time did not carry out economic activity on the territory of Ukraine during the last two financial years and in the current year, the value indicators of undertakings and parts of undertakings (regardless of whether such parts have

No changes

the status of a legal entity) with which relations of control are terminated as a result of concentration, shall not be taken into account.

171.

4. For the purposes of calculating the value indicators of the parties to the concentration, the totality of the transactions provided for in clause 2 of part two of Article 22 of this Law, committed within two years between the same undertakings, which affect or may affect the conditions of turnover of goods on one and the same market and markets adjacent to it are considered to be one concentration of undertakings on the date of the last transaction.

For the purposes of calculating the value indicators of the parties to the concentration, the totality of the transactions provided for in clause 2 of part two of Article 22 of this Law, committed within two years between the same undertakings, which affect or may affect the conditions of turnover of goods on one and the same market as well as upstream and downstream markets shall be considered to be one concentration of undertakings on the date of the last transaction.

172.

5. If the parties to the concentration are banks, a tenth of the value of the bank's assets is used to calculate the value of the bank's assets and sales volume. If the parties to the concentration are insurers, the amount of net assets is used to calculate the value of the insurer's assets, and the amount of income from insurance activities, determined in accordance with the legislation of Ukraine on insurance activities, is used to calculate the sales volume of goods.

No changes

173.

6. The procedure for calculating the indicators used for the purposes of this Article, as well as its specifics for certain categories of undertakings, shall be established by the Antimonopoly Committee of Ukraine.

No changes

174.

7. Concentration, which requires a clearance in accordance with part one of this Article, is prohibited until the clearance for its implementation is granted. Prior to the granting of such a clearance, the parties to the concentration are obliged to refrain from actions that may lead to the restriction of competition and the impossibility of restoring the initial state.

No changes

175.

No provision

Liability for non-compliance with the prohibition established in the first paragraph of this part, in instances of concentration, provided for in clause 2 of part two of Article 22, shall be borne by the undertaking that acquires control.

176.

8. The clearance for concentration shall not be granted if such concentration is prohibited in accordance with the Law of Ukraine "On Sanctions".

No changes

177.

No provision

9. A transaction that is a concentration, the participants of which are undertakings, a natural person-entrepreneur, a group of legal entities, to which special economic and other restrictive measures (sanctions) were applied at the time of the execution of such transaction in accordance with the Law of Ukraine "On Sanctions" shall be void.

178.

Article 25. Grounds for granting a clearance for concentration of undertakings

No changes

179.

1. The Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine grants a clearance for concentration if such concentration does not lead to monopolization or significant restriction of competition on the market.

No changes

180.

2. The Cabinet of Ministers of Ukraine may permit a concentration for which the Antimonopoly Committee of Ukraine did not grant a clearance as not meeting the conditions of part one of this Article, if the positive effect for the public interest of the said concentration outweighs the negative consequences of restriction of competition.

No changes

181.

3. A clearance under part two of this Article may not be granted if competition restrictions are caused by concentration:

No changes

182.

are not necessary to achieve the concentration objective

No changes

183.

pose a threat to the market economic system.

No changes

184.

Section VI 

CONSIDERATION OF APPLICATIONS AND CASES FOR GRANTING CLEARANCES

FOR CONCERTED ACTIONS, CONCENTRATION OF UNDERTAKINGS

Section VI 

CONSIDERATION OF APPLICATIONS AND CASES FOR GRANTING PERMITS FOR CONCERTED ACTIONS, CONCENTRATION OF UNDERTAKINGS

185.

Article 26. Submission of an application for a clearance for concerted actions, concentration of undertakings

Article 26. Submission of an application for a permit for concerted actions, concentration of undertakings

186.

1. Participants of the concerted actions, participants of the concentration, authorities, local self- government bodies, administrative and economic management and control bodies shall apply in accordance with the procedure established by the Antimonopoly Committee of Ukraine:

1. Participants of the concerted actions, participants of concentration, authorities, local self-government bodies, administrative and economic management and control bodies shall apply in accordance with the procedure established by the Antimonopoly Committee of Ukraine:

187.

to the Antimonopoly Committee of Ukraine or its territorial branches with an application for clearance for concerted actions;

To be removed

188.

to the Antimonopoly Committee of Ukraine with an application for concentration.

No changes

189.

Participants of the concerted actions, participants of the concentration, authorities, local self- government bodies, administrative and economic management and control bodies shall file a

Participants of the concerted actions, participants of the concentration, authorities, local self-government bodies, administrative and economic management and control

joint application. Restricted information necessary for consideration of the application may be submitted to the relevant bodies of the Antimonopoly Committee of Ukraine by these persons separately.

bodies shall file a joint application. Restricted information necessary for consideration of the application may be submitted to the relevant bodies of the Antimonopoly Committee of Ukraine by these persons separately.

190.

These persons may appoint a person to represent their interests and submit an application.

No changes

191.

The application and attached documents must contain complete and accurate information.

No changes

192.

In case of submission of false information, applicants shall be liable in accordance with Article 52 of this Law.

No changes

193.

2. The application is considered accepted after 15 days from the date of its receipt, if during this time the State Commissioner of the Antimonopoly Committee of Ukraine, the head of its territorial branch did not return the application to the applicant with a notification that it and other documents do not meet the requirements established by the Antimonopoly Committee of Ukraine and this prevents consideration of the application, and if concentration, concerted actions are not prohibited in accordance with the Law of Ukraine "On Sanctions".

2. The application is considered accepted after 15 days from the date of its receipt, if during this time the State Commissioner of the Antimonopoly Committee of Ukraine, the head of its territorial office did not return the application to the applicant with a notification that it and other documents do not meet the requirements established by the Antimonopoly Committee of Ukraine and this prevents consideration of the application, and if concentration, concerted actions is not prohibited in accordance with the Law of Ukraine "On Sanctions".

194.

If applicants fail to provide information on the ultimate beneficial owners (controllers) of undertakings participating in the concentration, the Antimonopoly Committee of Ukraine shall decide to refuse to consider the application for a clearance for concentration, concerted actions of undertakings.

3. If applicants fail to provide information on the ultimate beneficial owners (controllers) of undertakings participating in the concentration, the Antimonopoly Committee of Ukraine shall decide to refuse to consider the application for a permit for concentration, concerted actions of undertakings.

195.

4. If applicants fail to provide information on the ultimate beneficial owners (controllers) of undertakings participating in the concentration, the Antimonopoly Committee of Ukraine shall decide to refuse to consider the application for a clearance for concentration, concerted actions of undertakings.

To be removed

196.

5. If the concerted actions or concentration are carried out using competitive procedures (bidding, auctions, contests, tenders, etc.), the application may be submitted both before and after the start of the competitive procedure, but not later than thirty days from the date of announcement of the winner, unless otherwise provided by law.

To be removed

197.

6. If an undertaking carries out equivalent concerted actions with different undertakings, an application may be submitted in respect of one concerted action, provided that information on all other participants in the concerted actions is provided in accordance with the procedure

To be removed

established by the Antimonopoly Committee of Ukraine.

198.

Article 27. Consideration of an application for a clearance for concerted actions, concentration of undertakings

Article 27. Consideration of an application for a permit for concerted actions, concentration of undertakings

199.

1. The bodies of the Antimonopoly Committee of Ukraine shall consider the application for approval of concerted actions within three months from the date of its acceptance for consideration by the relevant body of the Antimonopoly Committee of Ukraine.

To be removed

200.

An application for changes in concerted actions for which a clearance has been obtained from a body of the Antimonopoly Committee of Ukraine, which do not change the circle of participants and do not apply to other commodity markets, shall be considered by the bodies of the Antimonopoly Committee of Ukraine within thirty days.

To be removed

200-1

The Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine shall review the application for a merger clearance within thirty days from the date of its acceptance for consideration by the relevant body of the Antimonopoly

Committee of Ukraine

1. The Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine shall review the application for a merger clearance within thirty days from the date of its acceptance for consideration by the relevant body of the Antimonopoly Committee of Ukraine.

200-2

The Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine shall consider the application under the simplified procedure within 25 days from the date of its receipt if:

only one participant of the concentration operates in Ukraine, or

the aggregate share of the parties to the concentration in the commodity market on which the concentration is carried out does not exceed 15 percent and at the same time the shares or aggregate shares of the parties to the concentration do not exceed 20 percent in the commodity markets of a higher or lower level than the market on which the concentration is carried out.

The Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine shall consider the concentration application under the simplified procedure within 25 days from the date of its receipt if:

only one participant of the concentration operates in Ukraine, or

the aggregate share of the parties to the concentration in the commodity market on which the concentration is carried out does not exceed 15 percent and at the same time the shares or aggregate shares of the parties to the concentration do not exceed 20 percent in the upstream or downstream commodity market..

200-3

The State Commissioner of the Antimonopoly Committee of Ukraine may decide to consider the application under the procedure provided for in clause three of this part if the circumstances provided for in clauses five to seven of this part or other circumstances that may affect the decision-making in accordance with part one of Article 25 of this Law require additional study.

The State Commissioner of the Antimonopoly Committee of Ukraine may decide to consider the application under the procedure provided for in paragraph three of this part if the circumstances provided for in paragraphs three and four of this part or other circumstances that may affect the decision-making in accordance with part one of Article 25 of this Law require additional study.

201.

2. The application remains without consideration if the applicant receives a request to

2. The application remains without consideration if the applicant receives a request

withdraw the application and if the concerted actions, concentration are prohibited in accordance with the Law of Ukraine "On Sanctions", which is subject to the order of the relevant body of the Antimonopoly Committee of Ukraine.

to withdraw the application and/or if the concerted actions, concentration is prohibited in accordance with the Law of Ukraine "On Sanctions", which is subject to the order of the relevant body of the Antimonopoly Committee of Ukraine.

3. Leaving the application without consideration does not deprive the applicant of the right to apply to the Antimonopoly Committee of Ukraine, its territorial office with a repeated application.

3. Leaving the application without consideration does not deprive the applicant of the right to apply to the Antimonopoly Committee of Ukraine, its territorial office with a repeated application.

202.

4. Information regarding the declared concerted actions, namely: the organizational and legal form of the participants of the concerted actions, their location and their representative offices, branches, as well as the type and content of the concerted actions may be published in print or electronic media or made public by the Antimonopoly Committee of Ukraine or its territorial branch in any other way.

4. Information on the declared concentration, namely: on the organizational and legal form of the concentration participants, their location and their representative offices, branches, as well as the type and content of the concentration may be published in print or electronic media or made public by the Antimonopoly Committee of Ukraine in another way, if such information has been previously publicly announced or the applicant does not object to such publication.

203.

In addition, other information regarding the declared concerted actions, as well as information on concentration, may be made public if such information has been previously publicly disclosed or the applicant does not object to such publication

In addition, other information regarding the declared concentration may be made public, namely: regarding the organizational and legal form of the participants of the concentration, their location and their representative offices, branches, as well as the type and content of the concentration may be published in printed or electronic mass media or made public by the Antimonopoly Committee of Ukraine in another way, if such information has previously been publicly announced or the applicant does not object to such publication.

204.

Article 28. Decision-making in applications for clearances for concerted actions, concentration of undertakings

Article 28. Decision-making in applications for permits for concerted actions, concentration of undertakings

205.

1. If within the period of consideration of the application provided for in part one of Article 27 of this Law, the bodies of the Antimonopoly Committee of Ukraine have not found grounds for the prohibition of concerted actions, concentration, and if the concerted actions, concentration are not prohibited in accordance with the Law of Ukraine "On Sanctions", the bodies of the Antimonopoly Committee of Ukraine make a decision on granting clearance for concerted actions, concentration.

1.If within the period of consideration of the application provided for in part one of Article 27 of this Law, the bodies of the Antimonopoly Committee of Ukraine have not found grounds for the prohibition of concerted actions, concentration, and if the concerted actions, concentration is not prohibited in accordance with the Law of Ukraine "On Sanctions", the bodies of the Antimonopoly Committee of Ukraine make a decision on granting permission for concerted actions, concentration.

206.

The decision to grant clearance for concerted actions, concentration is also considered to be adopted, if within the term of consideration of the application provided for in the part one of

The decision to grant permission for concerted actions, concentration is also considered to be adopted, if within the term of consideration of the application

Article 27 of this Law, the bodies of the Antimonopoly Committee of Ukraine have not started the consideration of the case of concerted actions, concentration in accordance with part one of Article 30 of this Law, provided that concerted actions, concentration are not prohibited in accordance with the Law of Ukraine "On Sanctions".

provided for in the part one of Article 27 of this Law, the bodies of the Antimonopoly Committee of Ukraine have not started the consideration of the case of concerted actions, concentration in accordance with part one of Article 30 of this Law, provided that concerted actions, concentration are not prohibited in accordance with the Law of Ukraine "On Sanctions".

207.

2. The day of decision-making on granting the clearance for concerted actions, concentration, in accordance with part one of this Article, shall be the last day of the term for consideration of the application provided for in part one of Article 27 of this Law.

2. The day of decision-making on granting the permit for concerted actions, concentration, in accordance with part one of this Article, shall be the last day of the term for consideration of the application provided for in part one of Article 27 of this

Law.

208.

No provision

3. In the event that a case of violation of the legislation on protection of economic competition, provided for in Clause 12 of Article 50 of this Law, is being considered in relation to the declared concentration, in respect of which the case on the concentration has not been initiated, the period for considering the application shall be extended until a decision is made in the relevant case on the violation of the legislation on protection of economic competition competition, and the decisions on the application for concentration and on the violation case shall be taken together.

209.

Article 29. Providing preliminary conclusions on concerted actions, concentration of undertakings

Article 29. Providing preliminary conclusions on concerted actions, concentration of undertakings

210.

1. The bodies of the Antimonopoly Committee of Ukraine shall provide undertakings, authorities, local self-government bodies, administrative and economic management and control bodies with preliminary conclusions on concerted actions on the basis of the application for preliminary conclusions and the information attached thereto; the Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine — on concentration.

1. The Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine shall provide undertakings, authorities, local self-government bodies, administrative and economic management and control bodies with preliminary conclusions on concentration based on the application for preliminary conclusions and the information attached to it.

211.

The term for consideration of applications for preliminary conclusions on concerted actions and concentration shall be one month.

The term for consideration of applications for preliminary conclusions on concerted actions, concentration shall be one month.

212.

2. Preliminary conclusions of the relevant body of the Antimonopoly Committee of Ukraine shall be provided in the form of a letter stating the following:

2. Preliminary conclusions of the relevant body of the Antimonopoly Committee of Ukraine shall be provided in the form of a letter stating the following:

the possibility of granting clearance for concerted actions and concentration; the possibility of refusal to grant clearance for concerted actions and concentration; the need or absence of the need to obtain a clearance for concerted actions, concentration; insufficient information for any conclusion.

the possibility of granting clearance for concerted actions, concentration;

the possibility of prohibiting concentration;

the possibility of refusal to grant clearance for concerted actions, concentration;

the need or absence of the need to obtain a clearance for concerted actions, concentration;

insufficient information for any conclusion.

213.

3. Obtaining preliminary conclusions on concerted actions, concentration does not exempt the participants of the concerted actions, concentration participants, authorities, local selfgovernment bodies, administrative and economic management and control bodies from the need to apply to the relevant bodies of the Antimonopoly Committee of Ukraine for clearance to conduct concerted actions, concentration in cases provided for in Articles 10 and 24 of this Law.

3. Obtaining preliminary conclusions on concerted actions,concentration does not exempt the participants of the concerted actions, concentration participants, authorities, local self-government bodies, administrative and economic management and control bodies from the need to apply to the relevant bodies of the Antimonopoly Committee of Ukraine for permit to conduct concerted actions, concentration in cases provided for in Articles 10 and 24 of this Law.

214.

Article 30. Consideration of a case on concerted actions, concentration of undertakings

Article 30. Consideration of a case on concerted actions, concentration of undertakings

215.

1. In case of identification of grounds for prohibition of concerted actions or concentration, the relevant bodies of the Antimonopoly Committee of Ukraine shall initiate consideration of the case on concerted actions or concentration, and shall issue an order and notify the person who filed the application in writing. Along with the notification of the commencement of the case consideration, a list of information is sent to the applicant to be provided for the

1. In case of identification of grounds for prohibition of concerted actions, concentration, the relevant bodies of the Antimonopoly Committee of Ukraine shall initiate consideration of the case on concerted actions or concentration, and shall issue an order and notify the person who filed the application in writing. Along with the notification of the commencement of the case consideration, a list of information is sent to the applicant to be provided for the Antimonopoly Committee of Ukraine

Antimonopoly Committee of Ukraine to adopt a decision on the case.

to make a decision on the case.

216.

Information on the adoption of an order to initiate consideration of a case on concerted actions, concentration (name and legal form of the participants of the concerted actions, concentration, type of concerted actions, concentration) shall be published on the official website of the Antimonopoly Committee of Ukraine within 10 business days from the date of adoption of such an order.

Information on the adoption of an order to initiate consideration of a case on concerted actions,concentration (name and legal form of the participants of the concerted actions, concentration, type of concerted actions,concentration) shall be published on the official website of the Antimonopoly Committee of Ukraine within 10 business days from the date of adoption of such an order.

217.

3. The term of consideration of a case on concerted actions or concentration must not exceed three months. The term shall begin on the day the applicant(s) submits the information in full and receives the expert's opinion in accordance with parts one and two of this Article. If no decision is made by the Antimonopoly Committee of Ukraine within the period of consideration of the case, it is considered that the concerted actions or concentration have been approved.

3. The term of consideration of a case on concerted actions or concentration must not exceed three months. The term shall begin on the day the applicant(s) submits the information in full and receives the expert's opinion in accordance with parts one and two of this Article. If no decision is made by the Antimonopoly Committee of Ukraine within the period of consideration of the case, it is considered that the concerted actions or concentration have been approved.

217-1

The last day of the period of consideration of the case provided for in clause one of this part shall be deemed to be the day of the decision to grant a clearance for concerted actions, concentration.

The last day of the period of consideration of the case provided for in paragraph one of this part shall be deemed to be the day of the decision to grant a permit for concerted actions, concentration.

218.

No provision

In the event that a case of violation of the legislation on protection of economic competition, provided for in Clause 12 of Article 50 of this Law, is being considered simultaneously with the case of concentration, in relation to the same concentration, the term of consideration of the case of concentration shall be extended until a decision is made in the respective case or the closure of the consideration of the case of concentration in accordance with part one of Article 31 or part one of Article 32 of this Law. At the same time, the decision in the case or the closure of the consideration of the concentration case shall be adopted no later than 30 days after the decision in the violation case is made.

219.

4. Consideration of the case shall be suspended in case of impossibility of its consideration until the body of the Antimonopoly Committee of Ukraine, the commercial court resolves another related case or until the state body resolves another related issue and for the duration of the examination. The Antimonopoly Committee of Ukraine issues an order to suspend and resume the case consideration, and the applicant is notified of this

No changes

220.

The bodies of the Antimonopoly Committee of Ukraine resume consideration of the case after

No changes .

the circumstances that led to its suspension are eliminated.

221.

The time limit for consideration of the case is suspended from the date of suspension of the case. From the date of the resumption of the case consideration, the term of the case continues.

No changes

222.

5. Third parties may participate in the consideration of applications and cases if the decision of the bodies of the Antimonopoly Committee of Ukraine may significantly affect their rights and interests protected by this Law.

5. Third parties may participate in the consideration of the concentration case, if the decisions of the bodies of the Antimonopoly Committee of Ukraine may have a direct and significant impact on their rights and interests protected by this Law

222-1

The issue of involving third parties in the case consideration shall be resolved by the Antimonopoly Committee of Ukraine. The Antimonopoly Committee of Ukraine shall issue an order to engage a third party and notify the parties to the case.

No changes

223.

6. The official website of the Antimonopoly Committee of Ukraine publishes information on cases of concerted actions, concentration.

6. The official website of the Antimonopoly Committee of Ukraine publishes information on cases of concerted actions, concentration.

225.

Article 31. Decisions in cases of concerted actions, concentration of undertakings

Article 31. Decisions in cases of concerted actions, concentration of undertakings

226.

1. Based on the results of the review of cases on concerted actions, a decision is made on the concentration:

1. Based on the results of consideration of concerted actions, concentration cases, a decision is made:

227.

By the Antimonopoly Committee of Ukraine — on granting clearance for concerted actions;

By the Antimonopoly Committee of Ukraine — on granting permit for concerted actions; prohibition of concerted actions; granting permit for concentration; prohibition of concentration

228.

prohibition of concerted actions; granting clearance for concentration; approval of constituent documents of undertakings, associations/groups, or amendments thereto; prohibition of concentration;

by the administrative board of the Antimonopoly Committee of Ukraine — on granting a permit for concentration.

229.

by the administrative board of the Antimonopoly Committee of Ukraine — on granting a clearance for concentration; approval of constituent documents of undertakings, associations/groups, or amendments thereto; granting a clearance for concerted actions, except for clearances based on part one of Article 10 of this Law; prohibition of concerted actions;

To be removed

230.

2. In case of establishment of grounds for prohibition of concerted actions, concentration, the bodies of the Antimonopoly Committee of Ukraine shall notify their parties of the content of

2. In case of establishment of grounds for prohibition of concerted actions, concentration, the bodies of the Antimonopoly Committee of Ukraine shall notify

such grounds and establish a thirty-day period for submission by the participants of concerted actions, concentration of proposals on obligations to be undertaken by the participants of such concerted actions, concentration, which eliminate the relevant negative impact of concerted actions, concentration on competition and allow the body of the Antimonopoly Committee of Ukraine to make a decision on granting clearance for concerted actions, concentration. This period may be extended at the request of a participant in the concerted actions or concentration.

their parties of the content of such grounds and establish a thirty-day period for submission by the participants of concerted actions, concentration of proposals on obligations to be undertaken by the participants of such concerted actions, concentration, which eliminate the relevant negative impact of concerted actions, concentration on competition and allow the body of the Antimonopoly Committee of Ukraine to make a decision on granting permit for concerted actions, concentration. This period may be extended at the request of a participant in the concerted actions, concentration.

231.

After the bodies of the Antimonopoly Committee of Ukraine establish the grounds for the prohibition of concerted actions or concentration, the parties to the concerted actions or concentration are given the opportunity to review the case materials. During the review of the case materials, the person conducting the review has the right to make the necessary extracts and copies, including with the use of technical means.

After the bodies of the Antimonopoly Committee of Ukraine establish the grounds for the prohibition of concerted actions or concentration, the parties to the concerted actions or concentration are given the opportunity to review the case materials. During the review of the case materials, the person conducting the review has the right to make the necessary extracts and copies, including with the use of technical means.

232.

The obligations undertaken by the participants of the concerted actions or concentration must be proportionate to the reasonable threats of negative impact on competition and the alleged concerted actions or concentration, and the requirements for monitoring the fulfillment of the obligations undertaken by the participants of the concerted actions or concentration must not be excessive

The commitments assumed by the participants of the concerted actions, concentration must be proportionate to the justified threats of a negative impact on competition of the declared concerted actions, concentration, and the requirements for ensuring control over the fulfillment of the commitments undertaken by the participants of the concerted actions, concentration must not be excessive.

233.

In order to agree on the necessary obligations and requirements that will determine the decision of the Antimonopoly Committee of Ukraine to grant a clearance for concerted actions, concentration, the bodies of the Antimonopoly Committee of Ukraine and the participants of concerted actions, concentration, hold appropriate consultations.

In order to agree on the necessary obligations and requirements that will determine the decision of the Antimonopoly Committee of Ukraine to grant a permit for concerted actions,concentration, the bodies of the Antimonopoly Committee of Ukraine and the participants of concerted actions,concentration, hold appropriate consultations.

234.

The decision to grant a clearance for concerted actions may be provided for an indefinite or a specified period, which, as a rule, shall not exceed five years.

To be removed

235.

3. The concerted actions, concentration must be carried out within one year from the date of the decision to grant the clearance for concerted actions, concentration, unless a longer period is specified in the decision. Unless the concerted actions or concentration are completed within

3. The concerted actions,concentration must be carried out within one year from the date of the decision to grant the permit for concerted actions,concentration, unless a longer period is specified in the decision. Unless the concerted 

this period, the participants of the concerted actions or concentration must submit a new application for the approval of the Antimonopoly Committee of Ukraine for the concerted actions or concentration

actions,concentration are completed within this period, the participants of the concerted actions or concentration must submit a new application for the approval of the Antimonopoly Committee of Ukraine for the concerted actions,concentration.

236.

6. The decision made upon consideration of applications, cases on concerted actions or concentration is published on the official website of the Antimonopoly Committee of Ukraine within 10 business days from the date of its adoption. The decision is to be made public in full, except for the information defined as restricted information. Restricted information must be excluded or blacked out or otherwise modified in a way that ensures sufficient protection and transparency of the decisionmaking process of the Antimonopoly Committee of Ukraine.

6. The decision made upon consideration of applications, cases on concerted actions,concentration is published on the official website of the Antimonopoly Committee of Ukraine within 10 business days from the date of its adoption. The decision is to be made public in full, except for the information defined as restricted information. Restricted information must be excluded or blacked out or otherwise modified in a way that ensures sufficient protection and transparency of the decisionmaking process of the Antimonopoly Committee of Ukraine.

237.

No provision

7. A transaction, which is a concentration, may be declared invalid by the court at the request of the Antimonopoly Committee of Ukraine, if a decision to prohibit such concentration was made prior to the conclusion of such transaction.

238.

No provision

8. An act that is a concentration may be declared invalid by the court at the request of the Antimonopoly Committee of Ukraine, if:

in order to commit it, it was necessary to obtain permission of the Antimonopoly Committee of Ukraine or the administrative board of the Antimonopoly Committee of Ukraine in accordance with part one of Article 24 of this Law, but such permission was not received; and

the concentration could not be permitted in accordance with part one of Article 25 of this Law.

239.

No provision

9. The transaction, which is a concentration, in respect of which a decision was made to grant permission conditioned on the commitments assumed by the participants of such concentration, may be declared invalid by the court at the request of the Antimonopoly Committee of Ukraine, if the obligations of the parties to the concentration were not fulfilled within the time and/or on the terms and conditions specified in the decision to grant the merger clearance.

240.

Article 32. Grounds for closing the consideration of case on concerted actions, concentration of undertakings

Article 32. Grounds for closing the consideration of case on concerted actions, concentration of undertakings

241.

1. Consideration of a case on concerted actions, concentration of undertakings must be closed without a decision on the merits in the case of:

1. Consideration of a case on concerted actions,  concentration of undertakings must be closed without a decision on the merits in the case of:

242.

a decision of the Antimonopoly Committee of Ukraine recognizing the declared concerted actions or concentration as having been carried out in violation of the legislation on the protection of economic competition;

a decision of the Antimonopoly Committee of Ukraine recognizing the declared concerted actions,  concentration as having been carried out in violation of the legislation on the protection of economic competition;

liquidation of the applicant - a legal entity

liquidation of the applicant - a legal entity

243.

if concerted actions, concentration are prohibited in accordance with the Law of Ukraine "On

Sanctions";

if concerted actions, concentration are prohibited in accordance with the Law of Ukraine "On Sanctions".

244.

2. Closing of the case consideration on the grounds provided for in clause two or three of part one of this Article must not deprive the applicant of the right to apply to the Antimonopoly Committee of Ukraine, its territorial branch with a new application for consent to concerted actions or concentration.

2. Closing of the case consideration on the grounds provided for in paragraph two or three of part one of this Article must not deprive the applicant of the right to apply to the Antimonopoly Committee of Ukraine with a new application for consent to concerted actions, concentration.

245.

Article 33. Procedure for the Cabinet of Ministers of Ukraine to grant clearances for concerted actions, concentration

Article 33. Procedure for the Cabinet of Ministers of Ukraine to grant permits for concerted actions, concentration

246.

1. Within thirty days from the date of adoption of the decision of the Antimonopoly Committee of Ukraine on prohibition of concerted actions or concentration, the persons specified in part one of Article 26 of this Law may apply to the Cabinet of Ministers of Ukraine for clearance to conduct the respective concerted actions or concentration on the basis of part three of Article 10 or part two of Article 25 of this Law.

1. Within thirty days from the date of adoption of the decision of the Antimonopoly Committee of Ukraine on prohibition of concerted actions, concentration, the persons specified in part one of Article 26 of this Law may apply to the Cabinet of Ministers of Ukraine for permit to conduct the respective concerted actions, concentration on the basis of part three of Article 10 or part two of Article 25 of this Law.

247.

2. The Cabinet of Ministers of Ukraine shall make a reasoned decision to grant a clearance for concerted actions, concentration or to refuse to grant such a clearance.

2. The Cabinet of Ministers of Ukraine shall make a reasoned decision to grant a permit for concerted actions, concentration or to refuse to grant such a permit.

248.

3. The decision of the Cabinet of Ministers of Ukraine on granting clearance for concerted actions, concentration may contain certain requirements and obligations to the participants of concerted actions of concentration, including in relation to the performance of certain actions. Such requirements and obligations may not be aimed at exercising long-term control over the

3. The decision of the Cabinet of Ministers of Ukraine on granting permit for concerted actions, concentration may contain certain requirements and obligations to the participants of concerted actions, concentration, including in relation to the performance of certain actions. Such requirements and obligations may not be aimed

activities of participants in concerted actions or concentration.

at exercising long-term control over the activities of participants in concerted actions, concentration.

249.

4. The procedure for granting clearance for concerted actions and concentration by the Cabinet of Ministers of Ukraine shall be established by the Cabinet of Ministers of Ukraine and shall, in particular, provide for:

establishing a commission of independent experts to assess the positive and negative impact of concerted actions and concentration;

establishing the procedure for monitoring the implementation of a decision to grant a clearance for concerted actions or concentration.

4. The procedure for granting permission for concerted actions concentration by the Cabinet of Ministers of Ukraine shall be established by the Cabinet of Ministers of Ukraine and shall, in particular, provide for:

establishing a commission of independent experts to assess the positive and negative impact of concerted actions concentration;

establishing the procedure for monitoring the implementation of a decision to grant a permit for concerted actions concentration.

250.

5. In case of invalidation of the decision of the Cabinet of Ministers of Ukraine on granting a clearance for concerted actions, concentration or its invalidation in accordance with the established procedure, the bodies of the Antimonopoly Committee of Ukraine shall decide on measures to restore the initial situation or other measures that eliminate or mitigate the negative impact of concerted actions, concentration on competition.

5. In case of invalidation of the decision of the Cabinet of Ministers of Ukraine on granting a permit for concerted actions, concentration or its invalidation in accordance with the established procedure, the bodies of the Antimonopoly Committee of Ukraine shall decide on measures to restore the initial situation or other measures that eliminate or mitigate the negative impact of concerted actions, concentration on competition.

251.

Article 34. Fee for reimbursement of expenses related to the consideration of applications

Article 34. Fee for reimbursement of expenses related to the consideration of applications

252.

1. For submission of applications for clearances for concerted actions, concentration, provision of conclusions in accordance with Articles 14 and 29 of this Law, a fee shall be charged in the amounts stipulated by part two of this Article.

1. For submission of applications for permits for concerted actions, concentration, provision of conclusions in accordance with Articles 14 and 29 of this Law, a fee shall be charged in the amounts stipulated by part two of this Article.

253.

2. The fee shall be charged:

2.The fee shall be charged:

254.

for applications for granting a concentration clearance — in the amount of 2,500 tax-free minimum incomes, and in case of payment of the fee in accordance with clause four of this part for providing preliminary conclusions on these issues — in the amount of 1,750 tax-free minimum incomes;

No changes

255.

from applications for clearances for concerted actions — in the amount of 1,500 tax-free minimum incomes, and in case of payment of the fee in accordance with clause four of this part for providing preliminary conclusions on these issues — in the amount of 750 tax-free

To be removed

minimum incomes;

256.

from applications for conclusions in accordance with Articles 14 and 29 of this Law — in the amount of 750 tax-free minimum incomes;

No changes

257.

for issuance of additional copies of certified copies of decisions on issues provided for in this part — in the amount of 0.5 tax-free minimum incomes for each copy.

No changes

258.

6. Submission of a repeated application, in which the circumstances characterizing concerted actions or concentration have not changed significantly, does not require repeated payment of the fee.

6. Submission of a repeated application, in which the circumstances characterizing concerted actions or concentration have not changed significantly, does not require repeated payment of the fee.

259.

Section VII CONSIDERATION OF CASES FOR VIOLATION OF THE LEGISLATION

ON THE PROTECTION OF ECONOMIC COMPETITION

No changes

260.

Article 35. Consideration of cases on violation of legislation on the protection of economic competition

No changes

261.

1. Consideration of cases on violation of the legislation on the protection of economic competition begins with the adoption of an order to initiate consideration of the case and ends with the adoption of a decision in the case.

No changes

262.

2. The bodies of the Antimonopoly Committee of Ukraine when considering a case of violation of the legislation on the protection of economic competition:

No changes

263.

collect and analyze documents, expert opinions, explanations of persons, and other information that is evidence in the case, and make decisions in the case within their authority;

No changes

264.

receive explanations from the persons involved in the case or any persons at their request or on their own initiative.

No changes

265.

3. The official website of the Antimonopoly Committee of Ukraine publishes information on cases of violation of legislation on the protection of economic competition.

No changes

266.

Article 36. Grounds for initiating case consideration

No changes

267.

1. The bodies of the Antimonopoly Committee of Ukraine shall initiate case consideration on violation of the legislation on the protection of economic competition for:

No changes

267.

applications of undertakings, citizens, associations/groups, institutions, organizations on violation of their rights as a result of actions or inaction defined by this Law as violation of legislation on the protection of economic competition;

No changes

269.

submissions of state authorities, local governments, administrative and economic management and control bodies on violations of legislation on the protection of economic competition;

No changes

270.

on the initiative of the Antimonopoly Committee of Ukraine;

No changes

271.

the fact of inclusion in accordance with the Law of Ukraine "On Prevention of Threats to National Security Related to Excessive Influence of Persons with Significant Economic and Political Weight in Public Life (Oligarchs)" a person who is the owner (founder), beneficiary of the owner (founder), or controller of the owner (founder) of a mass media that has/have a significant influence on the broadcasting market, to the Register of Persons with Significant Economic and Political Influence in Public Life (Oligarchs).

No changes

272.

If the applicant submits a motion about the possibility of negative consequences related to the filing of the application and in order to protect its interests, the consideration of the case on violation of the legislation on the protection of economic competition is initiated by the bodies of the Antimonopoly Committee of Ukraine.

273.

2. The bodies of the Antimonopoly Committee of Ukraine have the right not to consider an application for violation of the legislation on the protection of economic competition, if the person who submitted the application does not prove that actions or inaction containing signs of violation of the legislation on the protection of economic competition had or have a direct and negative impact on its rights and/or activities.

No changes

274.

The bodies of the Antimonopoly Committee of Ukraine shall notify the applicant by letter of refusal to consider such an application.

No changes

275.

3. The bodies of the Antimonopoly Committee of Ukraine have the right not to initiate a case review if actions or inactions containing signs of violation of the legislation on the protection of economic competition do not (cannot) have a tangible impact on the conditions of competition on the market.

No changes

276.

No provisions

3-1. The bodies of the Antimonopoly Committee of Ukraine have the right not to initiate a case, if the actions or inaction containing signs of violation of the legislation on protection of economic competition, provided for in clauses 13, 14, 15, 16, 16-1, 16-2, 21 of Article 50, did not have a negative impact on the ability of the Antimonopoly Committee of Ukraine to perform the tasks defined by the legislation on protection of economic competition.

278.

4. In the case of refusal to consider the case of a person who submitted a statement of violation of the legislation on the protection of economic competition, on the grounds provided for in this Article, the body of the Antimonopoly Committee of Ukraine shall issue a corresponding reasoned order, which shall be sent to such a person within three working days from the day of its adoption.

4. In the case of refusal to consider the case of a person who submitted a statement of violation of the legislation on the protection of economic competition, on the grounds provided for in part three of this Article, the body of the Antimonopoly Committee of Ukraine shall issue a corresponding reasoned order, which shall be sent to such a person within three working days from the day of its adoption.

279.

Article 37. Commencement of the case consideration

280.

1. In case of detection of signs of violation of the legislation on the protection of economic competition, including consequences of such violation, the bodies of the Antimonopoly Committee of Ukraine shall issue an order to initiate case consideration.

1. In case of detection of signs of violation of the legislation on the protection of economic competition, including consequences of such violation, the bodies of the Antimonopoly Committee of Ukraine shall initiate consideration of the case, except for cases provided for by the legislation on protection of economic competition, by adopting an order to initiate consideration of the case.

281.

2. The order to initiate the case consideration shall be sent to the defendant within three business days from the date of its adoption. If the defendant is identified after the case consideration have been initiated, an order to join the case as a defendant is sent to the defendant within three business days, together with an order to initiate the case.

No changes

282.

3. A notice of the commencement of the case consideration shall be sent to the applicant and third parties.

No changes

283.

4. If it is necessary to conduct an inspection of an undertaking, association, governmental body, local self-government body, administrative-economic management and control body, the body of the Antimonopoly Committee of Ukraine has the right not to issue an order on the initiation of a case and a notification on the initiation of a case before the start of such an inspection, but no more than 20 working days from the day of issuing the order on the initiation of the case consideration.

No changes

284.

Article 37-1. Terms for consideration of cases on violation of the legislation on the protection of economic competition

Article 37-1. Terms for consideration of cases on violation of the legislation on the protection of economic competition

285.

1. Cases of violation of the legislation on the protection of economic competition are reviewed by the bodies of the Antimonopoly Committee of Ukraine within a reasonable period of time, but no longer than three years from the date of adoption of the order on the initiation of consideration of the case, unless otherwise provided by this Law.

So far, no changes in this part

286.

2. If there are reasonable grounds preventing consideration of the case within the period specified in part one of this Article, the bodies of the Antimonopoly Committee of Ukraine may extend this period, but not for more than two years, and the persons participating in the case shall be notified thereof in writing.

So far, no changes in this part

287.

3. The time of suspension of consideration of the case in accordance with part two of Article 38 of this Law shall not be included in the term of consideration of the case on violation of the legislation on the protection of economic competition.

3. The time of suspension of consideration of the case in accordance with part two of Article 38 of this Law shall not be included in the term of consideration of the case on violation of the legislation on the protection of economic competition and the time for obtaining information at the request of the body of the Antimonopoly Committee of Ukraine, its territorial office beyond the period established in such a request.

288.

4. If the Antimonopoly Committee of Ukraine has not made a decision within the time limit for consideration of the case provided for by parts one and two of this Article, the case shall be closed on the basis of the clause seven of part one of Article 49 of this Law".

So far, no changes in this part

289.

Article 40. Rights and obligations of persons involved in the case

Article 40. Rights and obligations of persons involved in the case

290.

1. Persons who participate (participated) in the case have the right to:

1. Persons who participate (participated) in the case have the right to:

291.

No provision

know which signs of a violation of the legislation on protection of economic competition, provided for by law, are the basis for consideration of the case, and which actions (inaction) of the defendant are perceived as carrying signs of a violation, and the procedural status of such case;

292.

get acquainted with the case materials, make copies (photocopies) of the case materials and make extracts (except for information with limited access and information, the disclosure of which may harm the interests of other persons who take part in the case or prevent further consideration of the case) - after receiving a copy of the submission with preliminary conclusions in the case (an extract from the submission that does not contain information with limited access and information determined by the relevant State Commissioner, the head of the territorial branch of the Antimonopoly Committee of Ukraine, the disclosure of which may harm the interests of other persons who participate (participated) in the case, or prevent further consideration of the case);

So far, no changes in this part

293.

No provision

receive a copy of the submission with preliminary conclusions in the case, drawn up based on the results of the investigation in the case and provide own comments on the conclusions set out in the submission with preliminary conclusions in the case;

294.

present evidence, submit petitions, oral and written explanations (objections), and proposals on issues to be examined;

the right to defense, including the right to be heard, present evidence, submit motions, oral and written explanations (objections), make proposals on issues submitted for examination, use the services of lawyers and/or other representatives.

295.

receive copies of decisions in the case (excerpts from them, except for information with restricted access, as well as information the disclosure of which may harm the interests of other persons involved in the case);

So far, no changes in this part

296.

appeal against decisions and orders of the bodies of the Antimonopoly Committee of Ukraine in accordance with the procedure established by law;

So far, no changes in this part

297.

use the services of an interpreter;

So far, no changes in this part

298.

other rights provided for by the legislation on the protection of economic competition.

So far, no changes in this part

299.

2. The persons involved in the case shall exercise their rights in good faith.

So far, no changes in this part

30.

3. The documents to which access has been granted to the persons participating in the case may be used by them solely to ensure the exercise of the rights granted to such persons by the legislation on protection of economic competition.

So far, no changes in this part

301.

No provision

4. Access to the application for release from liability provided for in Article 521 of this Law, during consideration of the case of violation of the legislation on protection of economic competition by the bodies of the Antimonopoly Committee of Ukraine, shall be available only to the defendant in the case of violation of the legislation on protection of economic competition, who made this application to the bodies of the Antimonopoly Committee of Ukraine, and only in relation to this defendant. Such a defendant shall not have the right to access materials of applications for release from liability filed by other defendants in the case.

302.

No provision

5. Access to the application for release from liability, provided for in Article 52-1 of this Law, during the court hearing of the case related to the defendant's appeal against the decision of the Antimonopoly Committee of Ukraine, which established the fact of violation, shall be available only to the defendant in the relevant case of violation of the legislation on protection of economic competition, who submitted this application.

303.

No provision

6. Only the defendants in the case of violation of the legislation on protection of economic competition shall have access to the settlement agreement provided for in Article 46-1 of this Law.

304.

No provision

7. The defendant, who received access to the materials of the application for release from liability and/or the application, the settlement agreement, shall have the right to use the received information exclusively for the exercise of their right to defense during:

consideration of the relevant case on violation of the legislation on protection of economic competition by the Antimonopoly Committee of Ukraine, and/or

court consideration of a case related to the defendant's appeal against the decision of the Antimonopoly Committee of Ukraine adopted in the case, which established the fact of violation.

305.

No provision

8. Until bodies of the Antimonopoly Committee of Ukraine adopt a final decision in the violation case against all defendants, evidence are not admissible in a dispute considered by a court with the participation of defendants:

information provided by persons to the bodies of the Antimonopoly 

Committee of Ukraine during consideration of the violation case;

information prepared and sent to the parties in the case by the bodies of the 

Antimonopoly Committee of Ukraine during the consideration of the case;

c) the case settlement agreement specified in Article 46-1 of this Law, revoked.

306.

Article 41. Securing evidence

So far, no changes in this part

307.

1. Evidence in the case may be any factual data that makes it possible to establish the presence or absence of a violation.

No changes

308.

This data shall be established by the following means: explanations of parties and third parties, explanations of officials and citizens, written evidence, physical evidence and expert opinions.

This data shall be established by the following means: explanations of parties and third parties, explanations of officials and citizens, written evidence, physical evidence and expert opinions.

309.

Oral explanations of the parties, third parties, officials or officers and citizens that contain data indicating the presence or absence of a violation shall be recorded in the protocol.

To be removed

310.

2. Persons participating in the case have the right to provide evidence.

No changes

311.

3. During the consideration of the case, the body of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine, the employees of the Antimonopoly Committee of Ukraine and the territorial branch authorized by them, collect evidence by taking procedural actions provided for by the legislation on the protection of economic competition, as well as receive evidence from other authorities.

So far, no changes in this part

312.

4. Written evidence includes documents (except for electronic documents) on paper copies, other types of documents, their duly certified copies or extracts from them, containing information about the circumstances that are important for the case. Written evidence can be, in particular, acts, notes, correspondence, telegrams, telephone records, illustrations (maps, diagrams, organizational charts, drawings, schemes, etc.). Copies of documents are considered duly certified if they are certified in the manner established by law.

No changes

313.

5. Electronic evidence is information in electronic (digital) form containing data on circumstances that are important for the case, in particular electronic documents (including text documents, graphic images, plans, photographs, video and sound recordings, etc.), web - websites (web pages), text, multimedia and voice messages, metadata, databases and other data in electronic form. Such data can be stored, in particular, on portable devices (memory

No changes

cards, end (terminal) equipment, etc.), servers, backup systems, in other places of data storage in electronic form (including in the Internet).

314.

6. Physical evidence includes objects of the material world, the properties, presence or location of which testify to the circumstances that are important for the case, as well as magnetic, electronic and other material media containing audiovisual information about such circumstances.

No changes

315.

7. In the course of actions related to the consideration of the case, the body of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine, the employees of the Antimonopoly Committee of Ukraine and its territorial branch authorized by them have the right to take photographs, audio or video recordings and recording by means of other technical or software and hardware means (if technically possible)

No changes

316.

8. Evidence shall be collected by the Antimonopoly Committee of Ukraine and its territorial branches regardless of the location of the evidence.

No changes

317.

9. Persons involved in the case have the right to provide evidence and prove its reliability (objectivity).

No changes

318.

Article 43. Ensuring the examination

No changes

319.

1. The bodies of the Antimonopoly Committee of Ukraine, on their own initiative or at the request of a person involved in the case, shall have the right to commission an expert examination, and an order shall be issued.

No changes

No provision

An expert examination may be appointed by the bodies of the Antimonopoly Committee of Ukraine to clarify the circumstances relevant to the case, without which it is impossible to establish the relevant circumstances

2. When commissioning an expert examination and establishing the range of questions to be put to the experts, the relevant body of the Antimonopoly Committee of Ukraine shall take into account the proposals of the parties and other persons involved in the case. The body of

2. When appointing an expert examination by the bodies of the Antimonopoly Committee of Ukraine, an expert or an expert institution (hereinafter referred to as the expert) shall be selected by the persons involved in the case by mutual 

the Antimonopoly Committee of Ukraine must give reasons for rejecting the issues proposed by the persons involved in the case. The order to commission an expert examination specifies the issues that require expert opinions and the person who will conduct the examination.

agreement, and if such agreement is not reached within the period established by the bodies of the Antimonopoly Committee of Ukraine, the expert shall be determined by the body of the Antimonopoly Committee of Ukraine.

320.

No provision

Taking into account the circumstances of the case, the bodies of the Antimonopoly Committee of Ukraine have the right to appoint an expert independently

321.

3. The examination shall be carried out by experts of the relevant institutions or other specialists. Any person who has the necessary knowledge to give an opinion may be appointed as an expert.

3. The persons participating in the case consideration have the right to propose to the relevant body of the Antimonopoly Committee of Ukraine the issues, clarification of which, in their opinion, requires an expert opinion. In case of rejection or change of the issues proposed by the persons participating in the proceedings, the relevant body of the Antimonopoly Committee of Ukraine shall determine the final list of issues on which the expert examination shall be conducted.

322.

4. The authority of the Antimonopoly Committee of Ukraine, if it is necessary to give an opinion, may provide the expert with the case materials for review. At the same time, the expert has no right to disclose information with restricted access, as well as information, the disclosure of which may harm the interests of other persons involved in the case or prevent further consideration of the case contained in the case file.

4. The issues on which the expert examination appointed by the body of the Antimonopoly Committee of Ukraine shall be conducted shall be determined by the body of the Antimonopoly Committee of Ukraine.

323.

5. The expert has the right to file a request for the provision of materials necessary to give an opinion and to indicate in the opinion the circumstances that are relevant to the case, but in respect of which he or she was not asked questions. An expert has the right to refuse to give an opinion if the materials provided to him/her are insufficient or if he/she does not have the necessary knowledge to fulfill the obligation imposed on him/her.

5. In the order appointing the expert examination, the relevant body of the Antimonopoly Committee of Ukraine shall specify the grounds for the expert examination, the issues on which the expert shall provide an opinion, the list of objects for research and materials to be provided for the expert examination, and other data relevant to the expert examination.

No provision

The order to appoint an expert examination shall be sent to the persons involved in the proceedings and the expert.

No provision

The expert has no right to disclose information with restricted access, as well as information, the disclosure of which may harm the interests of other persons involved in the case or prevent further consideration of the case contained in the case file.

No provision

An expert must immediately notify the Antimonopoly Committee of Ukraine of the impossibility of conducting an expert examination due to the lack of necessary knowledge or without the involvement of other experts.

324.

6. If additional research is required, as well as if the conclusions of several experts are contradictory, the Antimonopoly Committee of Ukraine may appoint an additional or repeated examination.

6. An expert is a person who possesses scientific, technical or other special knowledge in the field of industry, construction, trade, engineering, economics and other fields necessary to clarify the relevant circumstances of the case on protection of economic competition, provided that he/she has an appropriate higher education.

No provision

The examination and submission of expert opinions based on the results of the examination are carried out in accordance with the procedure established by law.

No provision

The expert's conclusion must state that he or she has been warned (is aware) of liability for a knowingly false conclusion.

No provision

The expert opinion is attached by the Antimonopoly Committee of Ukraine to the case file on violation of the legislation on protection of economic competition.

325.

No provision

7. In order to ensure the examination by the body of the Antimonopoly Committee of Ukraine for the purpose of detecting and preventing violations of the legislation on protection of economic competition, samples of goods may be purchased in accordance with the procedure established by law at the expense of the state budget within the budget allocations provided for the Antimonopoly Committee of Ukraine for the relevant year.

No provision

In the event that an expert examination is conducted at the request of a person involved in the case, the costs associated with the purchase of goods samples to ensure the examination of goods samples and the conduct of the expert examination shall be borne by such person.

No provision

The purchased samples of goods to support the examination are transferred to the expert.

326.

No provision

No changes

5. The expert has the right to request the provision of materials necessary to give an opinion and to indicate in the opinion the circumstances that are relevant to the case, but in respect of which he was not asked questions. The expert has the right to refuse to give an opinion if the materials provided to him/her are insufficient or if he/she does not have the necessary knowledge to fulfill the duty assigned to him/her.

8. The expert has the right to request the provision of materials necessary to give an opinion and to indicate in the opinion the circumstances that are relevant to the case, but in respect of which he was not asked questions. The expert has the right to refuse to give an opinion if the materials provided to him/her are insufficient or if he/she does not have the necessary knowledge to fulfill the duty assigned to him/her.

If the expert's opinion is not clear, substantiated or complete, or if there are doubts about its correctness, the Antimonopoly Committee of Ukraine may order an additional or repeated examination.

327.

7. An expert shall be criminally liable in accordance with the law for disclosure of restricted information or other information the disclosure of which is prohibited, for giving a false opinion or for refusal to perform his/her duties without good reason.

9. An expert shall be liable in accordance with the law for disclosure of restricted information or other information the disclosure of which is prohibited, for giving a false opinion or for refusal to perform his/her duties without good reason.

328.

8. The costs of the examination shall be reimbursed at the expense of the person who committed the violation of the legislation on the protection of economic competition. In case of refusal to compensate for these expenses, the person who incurred these expenses may apply to the commercial court for their compensation.

10. The costs of the examination shall be reimbursed at the expense of the person who committed the violation of the legislation on the protection of economic competition. In case of refusal to compensate for these expenses, the person who incurred these expenses may apply to the court for their compensation.

No provision

11. The bodies of the Antimonopoly Committee of Ukraine shall have the right to engage specialists to obtain consultations and explanations on issues requiring special knowledge and skills on which the relevant order is adopted. 

A specialist is a person who has special knowledge and skills and can provide consultations and explanations during the consideration of a case on protection of economic competition on issues requiring relevant special knowledge and skills.

No provision

12. The engagement of specialists shall be carried out by the body of the Antimonopoly Committee of Ukraine in agreement with the head of the enterprise, institution, organization where the specialist works. 

No provision

A specialist engaged to provide advice and explanations is entitled to reimbursement of expenses related to the provision of such advice and explanations, and retains the average salary at the place of employment at the time of such engagement.

No provision

13. Consultations and explanations of the specialist do not replace the expert's opinion.

339

No provision

Article 44-2. oral explanations

340.

No provision

1. The state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine, employees of the Antimonopoly Committee of Ukraine, its territorial office authorized by the former shall have the right, pertaining to the performance of the tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition, to demand oral explanations from officials, employees and representatives of undertakings, groups, authorities, local self-government bodies, administrative and economic management and control bodies and other legal entities, their structural units, branches, representative offices and/or other natural persons who may possess information or documents that may be evidence of a violation of the legislation on protection of economic competition.

341.

No provision

2. The state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine, employees of the Antimonopoly Committee of Ukraine, its territorial office authorized by the former may demand oral explanations:

- by sending a written summons of the state commissioner of the Antimonopoly

Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine to come to the office of the Antimonopoly Committee of Ukraine, its territorial office to provide oral explanations.

342.

No provision

3. A written summons of the state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine to come and give oral explanations shall be sent to a natural person or a legal entity.

344.

No provision

The written summons to appear for oral explanations must contain:

for legal entities - the name of the legal entity, including the abbreviated name (if any), the identification code of the legal entity in the Unified State Register of Enterprises and Organizations of Ukraine (USREOU) (for legal entities registered under the laws of Ukraine), the legal form, e-mail address, and other means of communication with it (if any),

for individuals - surname, full name and patronymic (if any), registration number of the taxpayer's account card (if any) or series (if any) and passport number (for individuals who, due to their religious beliefs, refused to accept the registration number of the taxpayer's account card and officially notified the relevant supervisory authority and have a mark in the passport on the right to make any payments by series (if any) and passport number, declared / registered place of residence (stay)

time and place of oral explanations;

grounds for sending such a call;

information on the basic procedural rights and obligations of the person summoned;

a warning of the statutory liability for failure to respond to a written summons.

345.

No provision

A person must be notified of a written summons to appear for explanations no later than ten days before the day on which they are required to appear as summoned.

346.

No provision

The date and time of provision of oral explanations may be changed at the justified request of the person.

347.

No provision

4. A legal entity that has received a written summons to appear to provide oral explanations is obliged:

to ensure that an individual (director, employee, other representative of a legal entity) whose surname, full name and patronymic (if any) are specified in the summons provides oral explanations to the bodies of the Antimonopoly Committee of Ukraine;

authorize one or more individuals who are officers, employees or other representatives of the legal entity to provide oral explanations on the merits of the issues, if the legal entity is unable to provide an opportunity for oral explanations by the individual referred to in clause 1 of this part for valid reasons.

348

No provision

The legal entity referred to in the first paragraph of this part shall be liable for violation of the legislation on protection of economic competition provided for in paragraphs 13, 14, 15, 16-1 of Article 50 of this Law.

349.

No provision

5. If a natural person fails to appear as they have been called due to the inability of a legal entity for valid reasons to ensure the provision of oral explanations by the natural person specified in the summons, on the basis of clause 2 of part 4 of Article 44-2, the state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine, if necessary may send a summons to this specified person in their capacity as a natural person.

350.

No provision

6. A person shall have the right to give oral explanations on their own initiative.

351.

No provision

7. At least two employees of the Antimonopoly Committee of Ukraine, authorized by the State Commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine, shall be present during the receipt of oral explanations.

A person has the right to provide oral explanations with the participation of a lawyer or other authorized representative of such person

The absence of a lawyer or other authorized representative of such person shall not

prevent authorized employees of the Antimonopoly Committee of Ukraine, its territorial office from receiving oral explanations.

352.

No provision

8. Prior to the announcement of oral demands for provision of information, the authorized employee of the Antimonopoly Committee of Ukraine, its territorial office shall explain to the person providing oral explanations, their rights and obligations, as well as legal consequences of providing inaccurate information and/or providing incomplete information. Information on the provision of relevant explanations shall be recorded in the minutes.

353.

No provision

9. Oral demands, including questions posed by the State Commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine, employees of the Antimonopoly Committee of Ukraine, its territorial office authorized by them, shall relate to the circumstances on the basis of which the person was summoned.

Officials, employees and representatives of the defendant shall not be obliged to provide answers that would assume recognition of their violation of the legislation on protection of economic competition.

354.

No provision

10. Oral demands, including questions of authorized employees of the Antimonopoly Committee of Ukraine, its territorial office, oral explanations of the person shall be recorded in the minutes. Written and material evidence provided and received during provision of oral explanations shall be attached to the minutes.

355.

No provision

Employees of the Antimonopoly Committee of Ukraine shall have the right to audio or video record explanations, of which the person giving oral explanations shall be informed, which is noted in the minutes. 

356.

No provision

The minutes shall be drawn up in one copy and signed by authorized employees of the Antimonopoly Committee of Ukraine, its territorial offices, who were present when the oral explanations were being received.

357.

No provision

The minutes shall be signed by the person who gave oral explanations.

When a person refuses to sign the minutes, the authorized employees of the Antimonopoly Committee of Ukraine, its territorial offices, entrusted with receiving oral explanations, shall certify this fact with a corresponding record bearing their signatures at the end of the minutes.

358.

No provision

A person shall have the right to provide comments on the content of the minutes, which are attached to the minutes.

359.

No provision

The person who provided the explanation shall be given a copy of the minutes without the attachments.

360.

Article 46. Recommendations of the Antimonopoly Committee of Ukraine

Article 46. Recommendations of the Antimonopoly Committee of Ukraine

361.

1. The bodies of the Antimonopoly Committee of Ukraine shall have the right to provide recommendations to authorities, local self-government bodies, administrative and economic management and control bodies, undertakings, associations/groups regarding the termination of actions that contain signs of violation of the legislation on the protection of economic competition, elimination of the causes of such violations and conditions that facilitate them, and, if the violation is terminated, to take measures to eliminate the consequences of such violations. Recommendations are provided in the form of a letter.

1. The bodies of the Antimonopoly Committee of Ukraine shall have the right, before adoption of an order to initiate consideration of the case concerning violation of the legislation on protection of economic competition, to make recommendations to authorities, local self-government bodies, administrative and economic management and control bodies, undertakings, groups regarding:

the cessation of actions (inaction), which contain signs of a violation of the legislation on protection of economic competition, and/or

elimination of the causes of these actions (inaction) and the conditions that contribute to them, and/or

elimination of negative consequences for competition, individuals or society caused by these actions (inaction).

Recommendations are provided in the form of a letter.

362.

2. Recommendations of the bodies of the Antimonopoly Committee of Ukraine shall be subject to mandatory consideration by the bodies or persons to whom they are submitted. The results of their consideration shall be reported to the Antimonopoly Committee of Ukraine, its territorial branch within ten days from the date of receipt of the recommendations, unless the Antimonopoly Committee of Ukraine extends this period.

2. Recommendations of the bodies of the Antimonopoly Committee of Ukraine shall be subject to mandatory consideration by the bodies or persons to whom they are submitted. The results of their consideration shall be reported to the Antimonopoly Committee of Ukraine, its territorial branch within ten days from the date of receipt of the recommendations, unless the Antimonopoly Committee of Ukraine establishes

a different term.

364.

3. Subject to the provisions of the recommendations, if the violation has not led to a significant restriction or distortion of competition, has not caused significant damage to individuals or society, and appropriate measures have been taken to eliminate the consequences of the violation, consideration of case on the violation of the legislation on the protection of economic competition shall not be initiated, and the initiated case consideration shall be closed.

3. Subject to the provisions of the recommendations, if actions (inaction) that contain signs of violation of the legislation on protection of economic competition, has not caused significant damage to individuals or society, and appropriate measures have been taken to eliminate their consequences (if any), the order on the initiation of the case shall not be adopted.

365.

4. Bodies of the Antimonopoly Committee of Ukraine publish recommendations to undertakings, associations, authorities, local self-government bodies, administrative and economic management and control bodies on the official website of the Antimonopoly Committee of Ukraine within 10 working days from the date of their submission. Recommendations are to be made public in full, except for information with restricted access. Information with restricted access must be excluded, blacked out or changed in another way, which ensures its sufficient protection and at the same time the completeness of the substantiation of the recommendations provided by the body of the Antimonopoly Committee of Ukraine.

4. Bodies of the Antimonopoly Committee of Ukraine publish recommendations to undertakings, groups, authorities, local self-government bodies, administrative and economic management and control bodies on the official website of the Antimonopoly Committee of Ukraine within 10 working days from the date of their submission.

366.

No provision

Recommendations are to be made public in full, except for information with restricted access. Information with restricted access must be excluded, blacked out or changed in another way, which ensures its sufficient protection and at the same time the completeness of the substantiation of the recommendations provided by the body of the Antimonopoly Committee of Ukraine.

367.

No provision

5. The provisions of part three of this Article shall not be applied to actions (inaction) that contain signs of violations of the legislation on protection of economic competition, provided for by clauses 1-4 of part two of Article 6, clauses 4, 11, 12, 13, 14, 15, 16, 16- 1, 16-2, 19, 21 of Article 50 of this Law.

368.

No provision

6. Bodies and persons, who the recommendations provided for in part one of this Article have been given to, shall have the right to stop actions (inaction) that contain signs of violation of the legislation on protection of economic competition and/or eliminate the causes of these actions (inaction) and the 

conditions that contribute to them, and/or eliminate their consequences, in a way that differs from what is specified in the recommendations provided in accordance with part one of this Article, provided that this method of implementing the recommendations ensures the achievement of their goal.

369.

Article 47. Preliminary decision in the case

Article 47. Preliminary decision in the case

370.

1. In the course of consideration of the case, the bodies of the Antimonopoly Committee of Ukraine, upon the application submitted by an undertaking for taking measures to prevent negative and irreparable consequences for undertakings as a result of violation of the legislation on the protection of economic competition, may make a preliminary decision on:

1. In the process of considering the case, the bodies of the Antimonopoly Committee of Ukraine may make a preliminary decision on:

371.

prohibiting a person (defendant) whose actions are considered to be in violation of the law from taking certain actions, including blocking securities;

prohibiting the person (defendant) whose actions are considered to be in violation of the law from performing certain actions, alienating and/or disposing of property, including blocking securities

No provision

prohibiting other persons from taking actions in favor of the defendant, including transferring property to the defendant, or fulfilling other obligations in relation to the defendant;

372.

mandatory performance of certain actions, if the immediate performance of these actions is necessary based on the legitimate rights and interests of other persons.

mandatory performance of certain actions.

No provision

2. The preliminary decision must comply with the principles of proportionality and reasonableness.

373.

No provision

3. The body of the Antimonopoly Committee of Ukraine shall adopt the decision provided for in part one of this Article:

374.

No provision

- on its own initiative, if it is determined that there is an urgent need to eliminate the risk of significant negative consequences for competition or if failure to take such measures may significantly complicate or make it impossible to enforce the decision of the Antimonopoly Committee of Ukraine and there are signs of violation of the legislation on protection of economic competition;

375.

No provision

- upon an application submitted by an applicant or a third party on taking 

measures to avert negative and irreparable consequences for undertakings in the presence of signs of violation of the legislation on protection of economic competition.

376.

2. The preliminary decision may be appealed in accordance with the procedure established by Article 60 of this Law within fifteen days from the date of its receipt. This period cannot be extended.

4. The preliminary decision shall enter into force on the date of its adoption, shall be an enforcement document and shall meet the requirements for an enforcement document established by law. Such a decision shall be immediately enforced from the date of its adoption, regardless of its appeal and the opening of enforcement proceedings.

377.

3. If the case consideration is closed due to failure to prove the violation, the defendant may apply to the commercial court for reimbursement of losses incurred in connection with the preliminary decision by the undertaking that filed the application in accordance with part one of this Article.

5. A copy of the preliminary decision shall be immediately sent to the defendant, all persons concerned, and, depending on the type of measures taken, shall be sent for immediate execution to the state and other authorities for appropriate action.

378.

No provision

6. The preliminary decision may be appealed in accordance with the procedure established by Article 60 of this Law within fifteen days from the date of its receipt. This period may not be renewed.

379.

4. The preliminary decision, unless a shorter period is specified therein, shall cease to have effect from the date of receipt by the defendant of the decision made upon consideration of the case.

7. The body of the Antimonopoly Committee of Ukraine may cancel the preliminary decision on its own initiative or at the reasoned request of the persons involved in the case, and a corresponding decision shall be made

380.

5. Bodies of the Antimonopoly Committee of Ukraine publish preliminary decisions on the official website of the Antimonopoly Committee of Ukraine within 10 working days from the day of their adoption. Preliminary decisions are subject to publication in full, except for information with limited access. Information with limited access should be excluded, blacked out or changed in another way, which ensures its sufficient protection and, at the same time, complete justification of the decision taken by the body of the Antimonopoly Committee of Ukraine.

8. If the proceedings are closed due to failure to prove the violation, the defendant may apply to the commercial court for reimbursement of losses incurred in connection with the preliminary decision by the undertaking that filed the application in accordance with the third indent of part three of this Article.

No provision

9. The preliminary decision, unless another term is specified in it, shall become invalid from the date of entry into force of the decision adopted by the body of the Antimonopoly Committee of Ukraine upon consideration of the case.

No provision

10. The bodies of the Antimonopoly Committee of Ukraine shall publish preliminary decisions on the official website of the Antimonopoly Committee of Ukraine within 10 working days from the date of their adoption. Preliminary decisions shall be published in full, except for

No provision

restricted information. Restricted information should be excluded, blacked out or otherwise changed to ensure sufficient protection of the information and, at the same time, full justification of the decision by the body of the Antimonopoly Committee of Ukraine.

381.

No provision

ARTICLE 47-1. PRELIMINARY CONCLUSIONS IN CASES ON VIOLATION OF THE LEGISLATION ON PROTECTION OF ECONOMIC 

COMPETITION

382.

No provision

1. Based on the results of collection and analysis of evidence during consideration of the case of violation of legislation on protection of economic competition, the state commissioner of the Antimonopoly Committee of Ukraine, who is considering the case, the head of the territorial office of the Antimonopoly Committee of Ukraine, in which the case is being considered, shall draw up a submission with preliminary conclusions in the case.

383.

No provision

2. In the submission with preliminary conclusions, the established circumstances indicating the presence (absence) of the defendant's violation of the legislation on protection of economic competition, qualification of such violations, and the circumstances taken into account when determining the amount of the fine, shall be provided, evidence shall be laid out.

384.

No provision

Other circumstances that are important for consideration of the case may also be indicated in the submission with preliminary conclusions. 

385.

No provision

3. Copies of the submission with preliminary conclusions (or extracts from it, which do not contain restricted information, as well as information, the disclosure of which, as determined by the respective state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine, may harm interests of other persons participating in case, or prevent further consideration of the case) shall be sent to the parties and third parties with an indication of the deadline for providing a response to this submission. Such a period may not amount to less than 30 days from the date of sending the submission with preliminary conclusions.

386.

No provision

4. The deadline for a response to a submission with preliminary conclusions, specified in part three of this Article, may be extended by the state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine at the motivated request of the person participating in the case regarding the need for a longer time to consider the submission and prepare a response to it. At the same time, the total term of response to submissions with preliminary conclusions may not exceed 60 days. 

387.

No provision

5. In instances where the decision of the body of the Antimonopoly Committee of Ukraine concerns interests of a wide range of undertakings or consumers, the period specified in part three of this Article may be shortened to ten days in order to terminate the violation as soon as possible and eliminate its consequences.

388.

No provision

6. In the event that it is not possible to deliver a copy of the submission with preliminary conclusions to the persons participating in the case, the state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine shall ensure the posting of information on the preliminary conclusions in the case, indicating the 

deadline for providing a response to such a submission, on the official website of the Antimonopoly Committee of Ukraine.

389.

No provision

7. If no response to the submission with preliminary conclusions in the case has been received from the parties, the decision in the case of violation of the legislation on protection of economic competition shall be taken after the expiration of the deadline for the response to the submission with preliminary conclusions.

390.

No provision

8. When rendering a decision in cases of violation of the legislation on protection of economic competition, the body of the Antimonopoly Committee of Ukraine shall take into account only those conclusions about which the parties were notified in the submission with preliminary conclusions or at the meeting of the respective body at which the case is considered, and in respect of which they had the opportunity to provide their explanations and objections.

391.

No provision

9. When new circumstances are discovered that may affect conclusions in the case and which were not mentioned in the submission with preliminary conclusions, in particular those that became known as a result of consideration of the responses to the submission with preliminary conclusions in the case and/or during the hearings, and the parties did not have opportunity to present their explanations and objections to these new circumstances, the state commissioner of the Antimonopoly Committee of Ukraine considering the case, the head of the territorial office of the Antimonopoly Committee of Ukraine, where the case is considered, shall draw up a new submission with preliminary conclusions in the case - in other instances no new submission shall be made. A new submission with preliminary findings shall be drawn up according to the rules and procedure determined for the submission with preliminary conclusions.

392.

Article 48. Decisions in cases of violation of legislation on the protection of economic competition

Article 48. Decisions in cases of violation of legislation on the protection of economic competition

393.

1. Based on the results of consideration of cases on violation of the legislation on the protection of economic competition, the bodies of the Antimonopoly Committee of Ukraine

So far, no changes in this part

shall make decisions, including on:

394.

recognition of a violation of the legislation on the protection of economic competition;

So far, no changes in this part

395.

to terminate violations of the legislation on the protection of economic competition;

To be removed

396.

obligations of the authority, local self-government body, administrative and economic management and control body to cancel or amend the decision taken by it or to terminate agreements recognized as anticompetitive by the authorities, local self-government bodies, administrative and economic management and control bodies;

To be removed

397.

recognition of an undertaking as holding a monopoly (dominant) position in the market;

recognition of an undertaking as holding a monopoly (dominant) position in the market;

398.

No provision

recognition of the undertaking as having a more favorable bargaining position;

399.

forced division of an undertaking that holds a monopoly (dominant) position in the market;

application of behavioral and/or structural remedies to protect competition (behavioral and/or structural commitments); 

400.

imposition of a fine;

So far, no changes in this part

401.

blocking of securities;

So far, no changes in this part

402.

Eliminating the consequences of violations of the legislation on the protection of economic competition, in particular, eliminating or mitigating the negative impact of concerted actions and concentration of undertakings on competition;

To be removed

403.

cancellation of the clearance for concerted actions in case of actions prohibited under Article

19 of this Law;

To be removed

404.

closing the consideration of the case.

closure of the case on the grounds provided for in Article 49 of the Law.

405.

No provision

imposition, collection of periodic penalty payments.

406.

2. The bodies of the Antimonopoly Committee of Ukraine shall publish the decision on the results of consideration of cases on violation of the legislation on the protection of economic competition on the official website of the Antimonopoly Committee of Ukraine within 10 (ten) working days from the date of its adoption. The decision is to be made public in full, except for the information defined as restricted information. Restricted information must be excluded or blacked out or otherwise modified in a way that ensures sufficient protection and transparency of the decision-making process of the Antimonopoly Committee of Ukraine.

So far, no changes in this part

407.

3. The bodies of the Antimonopoly Committee of Ukraine that made the decision have no right to cancel or amend it, except as provided for in Article 58 of this Law. They have the right to correct any misprints or obvious arithmetic errors made in the decision, explain their decision without changing its content, and make an additional decision if no decision has been made on any issue that was investigated during the case.

So far, no changes in this part

408.

4. In order to protect the public interest or prevent negative or irreparable consequences for undertakings, the bodies of the Antimonopoly Committee of Ukraine shall decide to recognize a decision made in accordance with part one of this Article, part one of Article 30 of the Law of Ukraine "On Protection Against Unfair Competition" as such, which shall not be suspended due to:

4. In order to protect the public interest or prevent negative or irreparable consequences for undertakings, the bodies of the Antimonopoly Committee of Ukraine shall decide to recognize a decision made in accordance with part one of this Article, part one of Article 30 of the Law of Ukraine "On Protection Against Unfair Competition" as such, the implementation of which shall not be suspended due to:

409.

initiation by the commercial court of proceedings to invalidate it;

opening by the commercial court of proceedings to invalidate it;

410.

review of the relevant decision (resolution) of the commercial court.

To be excluded

411.

The decision of the body of the Antimonopoly Committee of Ukraine provided for in this part may be made at the request of persons participating in the case or on the own initiative of the bodies of the Antimonopoly Committee of Ukraine. Such a decision may be made both before filing the relevant application with the commercial court and after filing such an application, unless the commercial court suspends the appealed decision of the Antimonopoly Committee of Ukraine.

The decision of the body of the Antimonopoly Committee of Ukraine provided for in this part may be made at the request of the persons involved in the case or on the own initiative of the bodies of the Antimonopoly Committee of Ukraine. Such decision may be made both before filing the relevant application to the commercial court and after filing such application, if the commercial court does not suspend the execution of the decision of the body of the Antimonopoly Committee of Ukraine that is being appealed

412.

No provision

ARTICLE 48-1. COMMITMENTS IN CASES OF VIOLATION OF THE LEGISLATION ON PROTECTION OF ECONOMIC COMPETITION, DETERMINED BY THE ANTI-MONOPOLY COMMITTEE OF UKRAINE, 

ITS TERRITORIAL OFFICE

413.

No provision

1. The bodies of the Antimonopoly Committee of Ukraine, when adopting a decision based on the results of the investigation of the case on violation of the legislation on protection of economic competition, may oblige the defendant to cease actions (inaction) that are a violation of the legislation on protection of economic competition and/or eliminate the causes of these actions (inaction) and the conditions that contribute to them, and/or eliminate their consequences by applying behavioral and/or structural remedies, in particular, the application of compulsory division provided for in Article 53 of this Law.

414.

No provision

2. The bodies of the Antimonopoly Committee of Ukraine shall apply structural remedies to protect economic competition if there is a risk of long-term or repeated violation of the legislation on protection of economic competition due to the structure of the undertaking.

415.

No provision

3. The bodies of the Antimonopoly Committee of Ukraine shall apply structural remedies only when there is a significant risk of long-term or repeated violation of the legislation on protection of economic competition due to the structure of the undertaking, taking into account relations of control..

416.

No provision

4. The content of the commitments, the conditions and terms of their implementation, and the means of monitoring their implementation shall be indicated in the decision of the body of the Antimonopoly Committee provided for in part one of this Article.

417.

No provision

5. Fulfillment of commitments shall be carried out under the conditions and within the period established by the body of the Antimonopoly Committee of Ukraine.

418.

No provision

6. The procedure for determining commitments and monitoring their fulfillment shall be established by a normative legal act of the Antimonopoly Committee of Ukraine, and includes, among other things, requirements for the process of obtaining permission specified in part nine of Article 53 of this Law.

419.

No provision

ARTICLE 48-2. COMMITMENTS IN CASES OF VIOLATION OF THE LEGISLATION ON PROTECTION OF ECONOMIC COMPETITION 

PROPOSED BY THE DEFENDANT

420.

No provision

1. The defendant shall have the right, with the exception of the instances provided for in part 2 of this Article, to propose to the bodies of the Antimonopoly Committee of Ukraine that the defendant will stop actions (inaction) that bear signs of violation of the legislation on protection of economic competition and/or eliminate the causes of these actions (inaction) and the conditions that they contribute to, and/or eliminate their consequences by applying behavioral and/or structural remedies (commitments).

When submitting the specified proposals, the defendant shall provide the body of the Antimonopoly Committee of Ukraine with justification of the proposed commitments and confirmation of the defendant's intention and ability to fulfill such commitments.

421.

No provision

2. The provisions of this Article shall not apply to violations of the legislation on protection of economic competition, provided for by clauses 1-4 of part one of Article 6, clauses 4, 11, 12, 13, 14, 15, 16, 16-1, 19, 21 of Article 50 of this Law.

422.

No provision

3. The body of the Antimonopoly Committee of Ukraine authorized to make a decision in the case may approve the respondent's proposals provided for in part one of this Article and decide to close the case in connection with the imposition of obligations on the grounds provided for in Article 49 of the Law, if

the defendant proved the sufficiency of the obligations proposed by him/her to terminate the actions (inactions) that have signs of violation of the legislation on protection of economic competition and/or eliminate the cause of these actions (inactions) and the conditions that facilitate them and/or eliminate their consequences,

confirmed its intention and ability to fulfill these obligations; the exceptions provided for in paragraph 2 of this Article shall not apply.

423.

No provision

4. The body of the Antimonopoly Committee of Ukraine, when adopting a decision provided for in part four of this Article, may not change the content, type and scope of obligations proposed by the defendant.

424.

No provision

5. In order to agree on the content, type and scope of obligations, the body of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine may hold hearings with the defendant.

425.

No provision

6. For the purpose of receiving comments and suggestions, the body of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine, shall publish on the official website of the Antimonopoly Committee of Ukraine or its territorial office, not later than 30 calendar days before the date of decision to close the case in connection with the imposition of obligations, information on

obligations proposed by the defendant; a brief summary of the circumstances of the case.

Comments and suggestions on the defendant's proposed obligations shall be submitted to the Antimonopoly Committee of Ukraine in writing.

The body of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine may not disclose the said information if the defendant has not proved the sufficiency of the obligations proposed by him/her to terminate the action (inaction) containing signs of violation of the legislation on protection of economic competition and/or eliminate the cause of such actions (inaction) and conditions contributing to them and/or eliminate their consequences, as well as the sufficiency of the guarantees provided by him/her to fulfill these obligations.

426.

No provision

7. The body of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine shall notify by letter of refusal to consider the defendant's proposals submitted in accordance with part one of this Article, in particular, due to non-compliance of the defendant's proposal with the requirements of this Article.

427.

No provision

9. Refusal to consider the defendant's proposals shall not deprive him/her of the right to reapply to the body of the Antimonopoly Committee of Ukraine with proposals in accordance with the procedure provided for in part one of this 

Article. 

If the re-proposed obligations by the defendant change the nature or scope of the initial obligations proposed by the defendant, the procedure set forth in part six of this Article shall be repeated.

428.

No provision

10. The decision of the Antimonopoly Committee's body to close the proceedings in connection with the imposition of obligations shall specify the content of the obligations, the terms and conditions of their fulfillment, and the means of control over their fulfillment.

432

Article 49. Grounds for closing a case on violation of the legislation on the protection of economic competition

Article 49. Grounds for closing a case on violation of the legislation on the protection of economic competition

433.

The proceedings on violation of the legislation on the protection of economic competition shall be closed without a decision on the merits if:

The proceedings on violation of the legislation on the protection of economic competition shall be closed without a decision on the merits if:

434.

the case is not subject to consideration by the Antimonopoly Committee of Ukraine, its territorial branch;

So far, no changes in this part

435.

the defendant has not been identified or located;

the defendant or their actual place of residence have not been identified;

436.

the defendant legal entity has been liquidated;

the defendant - a legal entity has been liquidated and it is impossible to establish another person on whom a fine is imposed in accordance with Article 52 of the 

Law

437.

the Antimonopoly Committee of Ukraine has already considered or is considering a case on the same grounds against the same defendant;

So far, no changes in this part

438.

no violation has been proven;

So far, no changes in this part

439.

time limits for consideration of cases of violations of the legislation on the protection of economic competition, provided for in Article 37-1 of this Law, have expired;

So far, no changes in this part

440.

No provision

commitments have been imposed on the defendant in accordance with Article 

48-2 of this Law; 

441

there are other grounds provided for by law.

So far, no changes in this part

442.

Article 50. Violation of legislation on the protection of economic competition

So far, no changes in this part

443.

Violations of legislation on the protection of economic competition are:

So far, no changes in this part

444.

1) anticompetitive concerted actions;

So far, no changes in this part

445.

2) abuse of monopoly (dominant) position;

So far, no changes in this part

446.

3) anti-competitive actions of authorities, local self-government bodies, administrative and economic management and control bodies;

So far, no changes in this part

447

4) failure to comply with the decision or preliminary decision of the Antimonopoly Committee of Ukraine or their implementation in full;

4) failure to comply with the decision or preliminary decision of the Antimonopoly Committee of Ukraine or their implementation in full, including non-fulfillment or incomplete fulfillment of behavioral and/or structural commitments imposed by the decision, additional decision of the bodies of the Antimonopoly Committee of Ukraine;

448.

5) implementation by participants of concerted actions — undertakings — of actions prohibited in accordance with part five of Article 10 of this Law;

 5) to be removed

(Without changing the numbering in case of deletion of this clause, the numbering of the following clauses will probably need to be changed, which, as a result, will require a change of references to this Article throughout the text of the Law)

449.

6) delegation of powers of authorities or local self-government bodies in cases prohibited under Article 16 of this Law;

So far, no changes in this part

450.

7) performing actions prohibited under Article 17 of this Law;

So far, no changes in this part

451.

8) restrictive and discriminatory activities prohibited under part two of Article 18, Articles 19 and 20 of this Law;

8) abuse of a more favorable bargaining position by an undertaking, which is prohibited by Article 20 of this Law;

452.

9) restrictive activities prohibited under part one of Article 18 of this Law;

So far, no changes in this part

453.

10) failure to comply with the conditions provided for in paragraphs 2, 5 and 6 of part three of Article 22 of this Law;

So far, no changes in this part

454.

11) violation of the provisions of the constituent documents of the undertaking created as a result of the concentration, if this leads to restriction of competition, approved by the bodies of the Antimonopoly Committee of Ukraine;

So far, no changes in this part

455.

12) concentration without obtaining an appropriate clearance from the Antimonopoly

Committee of Ukraine, if such a clearance is required;

So far, no changes in this part

456.

13) failure to submit information to the Antimonopoly Committee of Ukraine, its territorial branch within the time limits established by the bodies of the Antimonopoly Committee of

Ukraine, the head of its territorial branch or regulatory acts;

So far, no changes in this part

457.

14) submission of incomplete information to the Antimonopoly Committee of Ukraine, its territorial branch within the time limits established by the bodies of the Antimonopoly

Committee of Ukraine, the head of its territorial branch or regulatory acts;

So far, no changes in this part

458.

15) submitting false information to the Antimonopoly Committee of Ukraine, its territorial branch;

So far, no changes in this part

459.

16) creating obstacles for employees of the Antimonopoly Committee of Ukraine, its territorial branch in conducting inspections, examination, seizure or arrest of property, documents, objects or other data carriers;

So far, no changes in this part

460.

No provision

16-1) failure of a duly notified individual to arrive, without valid reasons, at the call of the State Commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine, to provide oral explanations, failure to provide oral explanations, provision of incomplete information, provision of inaccurate information;

462.

17) providing recommendations to undertakings, associations/groups, authorities, local selfgovernment bodies, administrative and economic management and control bodies that encourage or facilitate violations of the legislation on the protection of economic competition;

So far, no changes in this part

463.

18) restrictions on the business activities of an undertaking in response to the fact that it has filed a complaint with the Antimonopoly Committee of Ukraine or its territorial branch regarding violation of the legislation on the protection of economic competition;

So far, no changes in this part

464.

19) failure by the participants of concerted actions, concentration to fulfill the requirements and obligations that were the basis for the decision to grant clearance for concerted actions, concentration;

19) failure by the participants of concerted actions, concentration to fulfill the requirements and obligations that were the basis for the decision to grant permit for concerted actions, concentration;

465.

20) restrictive activities of associations/groups prohibited under Article 21 of this Law;

So far, no changes in this part

466.

21) unsealing premises, electronic communication systems, other possessions or places of information storage sealed by employees of the Antimonopoly Committee of Ukraine, its territorial branch.

21) unsealing premises, electronic communication systems, other possessions or places of information storage sealed by employees of the Antimonopoly Committee of Ukraine, its territorial office.

467.

Article 52. Fines

Article 52. Fines

468.

1. The Antimonopoly Committee of Ukraine imposes fines on associations/groups and undertakings:

1. The Antimonopoly Committee of Ukraine imposes fines on groups and undertakings:

469.

legal entities;

So far, no changes in this part

470.

individuals;

So far, no changes in this part

471.

a group of undertakings — legal entities and/or individuals, which is recognized as an undertaking in accordance with Article 1 of this Law, in cases provided for in part four of this Article.

So far, no changes in this part

472.

2. For violations provided for by:

So far, no changes in this part

473.

clauses 1, 2 and 4 of Article 50 of this Law, fines shall be imposed in the amount of up to ten percent of the undertaking's income (revenue) from the sale of products (goods, works, services) for the last reporting year preceding the year in which the fine is imposed. If there is an illegally obtained profit exceeding ten percent of the said income (proceeds), a fine shall be imposed in an amount not exceeding triple size of the illegally obtained profit. The amount of illegally obtained profit can be calculated by estimation;

clauses 1, 2 and 4 of Article 50 of this Law, fines shall be imposed in the amount of up to ten percent of income of the undertaking or association from conducting of ecnomic activity for the last reporting year preceding the year in which the fine is imposed. If there is an illegally obtained profit exceeding ten percent of the said income, a fine shall be imposed in an amount not exceeding triple size of the illegally obtained profit. The amount of illegally obtained profit can be calculated by estimation

474.

clauses 5, 8, 10, 11, 12 and 19 of Article 50 of this Law, fines shall be imposed in the amount of up to five percent of the undertaking's income (revenue) from the sale of products (goods, works, services) for the last reporting year preceding the year in which the fine is imposed.

clauses 8, 10, 11, 12 and 19 of Article 50 of this Law, fines shall be imposed in the amount of up to five percent of income of the undertaking or association from conducting of ecnomic activity for the last reporting year preceding the year in which the fine is imposed.

475.

In the event that an undertaking committed a violation provided for in clause 12 of Article 50 of this Law by 31 December 2020, and such violation was related to actions recognized as concentration in accordance with part two of Article 22 of this Law, in respect of which such undertaking (if it is an individual) or an individuals who exercises control over such an

To be removed 

undertaking submitted a one-time (special) voluntary declaration and paid the agreed amount of the fee for a one-time (special) voluntary declaration in accordance with subsection 9- 4 "Peculiarities of application of one-time (special) voluntary declaration of assets of individuals" of Section XX "Transitional Provisions" of the Tax Code of Ukraine, and:

476.

such a violation did not result in a significant restriction of competition or monopolization of the relevant market, a fine in the amount of 1,200 tax-free minimum incomes is imposed;

477.

such violation has resulted in a significant restriction of competition or monopolization of the relevant market, shall entail civil, administrative, criminal or other liability in accordance with the law.

478.

At the same time, in case of a violation that did not result in a significant restriction of competition or monopolization of the relevant market, such an undertaking (if it is an individual) or an individual exercising control over such an undertaking is obliged to submit a relevant application in accordance with Article 26 of this Law between 1 October 2021 and 1 October 2022. In case of failure to perform the said actions within the established time limits, a fine in the amount stipulated by the first sentence of clause three of this part shall be imposed

on the undertaking or an individual exercising control over such undertaking;

479.

clauses 9, 13-18, 21 of Article 50 of this Law, fines are imposed in the amount of up to one percent of the undertaking's income (revenue) from the sale of products (goods, works, services) for the last reporting year preceding the year in which the fine is imposed.

clauses 9, 13-18, 21 of Article 50 of this Law, fines are imposed in the amount of up to one percent of income of the undertaking or association from conducting of ecnomic activity for the last reporting year preceding the year in which the fine is imposed.

480.

3. The income (revenue) of an undertaking from the sale of products (goods, works, services) shall be defined as the total value of income (revenue) from the sale of products (goods, works, services) of all legal entities and individuals included in the group recognized as an undertaking in accordance with Article 1 of this Law, and on which a fine is imposed in accordance with part four of this Article.

3. The income of an undertaking shall be defined as the sum of income, including outside Ukraine, of all legal entities and natural persons who are part of a group that is recognized as an undertaking in accordance with Article 1 of this Law and on which a fine is imposed in accordance with part four of this Article. Undertaking`s income outside Ukraine is taken into account in the amount which may be established by the Antimonopoly Committee of Ukraine.

481.

4. If several legal entities and/or natural persons - undertakings, which are part of a group recognized as an undertaking, have committed acts (actions, inaction) that led to a violation of the legislation on the protection of economic competition by the specified undertaking, and/or have rights without which the violation would be impossible, and/or have received or may receive advantages in competition or other benefits (in particular, the ability to influence the activities of other legal and/or natural persons - undertakings, receive a part of their profit), the fine is imposed on the undertaking in the person of these legal and/or natural persons.

The obligation to pay the fine imposed on these legal and/or natural persons - undertakings, is joint and several.

4. The fine shall be imposed on undertakings represented by i) legal entities and/or natural persons who committed acts (actions, inaction) that led to violation of the legislation on protection of economic competition, and/or ii) persons who, during the period of the violation, exerted (directly or indirectly) decisive influence on the economic activity of legal entities that committed actions that led to the violation of legislation on protection of economic competition, and/or iii) received advantages in competition or other benefits (in particular, the ability to influence activities of other legal and/or natural persons - undertakings, to receive a part of their profit).

The obligation to pay the fine imposed on the specified legal entities and/or natural persons shall be joint and several.

482.

5. If there is no income (revenue) or the defendant at the request of the bodies of the Antimonopoly Committee of Ukraine, head of its territorial branch did not provide the amount of income (revenue), the fine provided for in clause two of part two of this Article shall be imposed in the amount of up to twenty thousand tax-free minimum incomes; a fine provided for in clause three of part two of this Article — in the amount of up to ten thousand tax-free minimum incomes; a fine provided for in clause seven of part two of this Article — in the amount of up to two thousand taxfree minimum incomes.

5. If there is no income provided for in part three of this Article, or if the defendant has ceased activities that provide income, and the persons specified in indents 25 of part six of this Article have not been identified, or the defendant has not provided, at the request of the bodies of the Antimonopoly Committee of Ukraine, head of its territorial office, information on the amount of income, the fine provided for in paragraph two of part two of this Article shall be imposed in the amount of up to twenty thousand tax-free minimum incomes of citizens; the fine provided for in paragraph three of part two of this Article - in the amount of up to ten thousand taxfree minimum incomes of citizens; the fine provided for by paragraph seven of part two of this Article - in the amount of up to two thousand tax-free minimum incomes of citizens.

483.

If necessary, the amount of income (revenue) may be determined by the Antimonopoly Committee of Ukraine on the basis of administrative information obtained from other sources.

If necessary, the amount of income may be determined by the Antimonopoly Committee of Ukraine on the basis of administrative information obtained from other sources.

484.

No provision

6. If it is impossible to collect the fine in the amount determined during adoption of the decision provided for in paragraphs two and seven of part one of Article 48 of this Law, due to the termination of the person or the lack of income due to the termination of their economic activity, which provides the income of this person, except for the persons specified in part four of this Article, the fine shall be imposed on the following persons:

485.

No provision

i) In case of termination through reorganization of a legal entity that committed actions that led to a violation of the legislation on protection of economic competition, the fine shall also be imposed on legal successors of the person that committed actions that led to a violation of the legislation on protection of economic competition;

486.

No provision

ii) In case of termination by liquidation of a legal entity and/or termination of a natural person-entrepreneur, which committed actions that led to violation of the legislation on protection of economic competition, and the transfer of their assets (property), which collectively ensure the ability of the 

undertaking to carry out economic activity (in particular, movable and immovable property, rights of claim, debts, as well as rights to a trademark or other designations and other rights) to other legal entities and/or natural persons, the fine shall also be imposed on persons to whom assets (property) were transferred, which in aggregate provides the opportunity to carry out economic activities

487.

No provision

iii) In the event that a legal entity and/or natural person-entrepreneur that committed actions that led to a violation of the legislation on protection of economic competition, disposed of assets (property) that collectively ensured the possibility of such a person to carry out economic activities related to the violation (in particular, movable and immovable property, rights of claim, debts, as well as rights to a trademark or other designation and other rights) in favor of other legal entities and/or individuals, the fine shall be also imposed on the persons who own the transferred assets (property), which together provides the possibility of economic activity.

488.

No provision

iv) In the event that a legal entity and/or natural person acquired control over legal entities that committed actions that led to a violation of the legislation on protection of economic competition before the termination of such actions, a fine for the period of violation after acquiring control shall also be imposed on the persons who acquired control. 

489.

No provision

7. A fine shall not be not imposed on the legal entity and/or natural person who acquired control over the legal entity that committed actions that led to a violation of the legislation on protection of economic competition, and/or acquired assets (property) that collectively ensure the capacity of the undertaking to carry out economic activities related to the violation, if this person did not know and could not know about the actions that led to the violation of the legislation on protection of economic competition.

490.

No provision

8. The persons specified in part 6 of this Article shall bear joint and several liability for payment of the fine imposed by the body of the Antimonopoly Committee of Ukraine.

491.

6. Decisions to impose fines in the amount of more than four thousand tax-free minimum incomes shall be made exclusively by the Antimonopoly Committee of Ukraine and the administrative board of the Antimonopoly Committee of Ukraine at their meetings.

8. Decisions to impose fines in the amount of more than thirty thousand tax-free minimum incomes shall be made exclusively by the Antimonopoly Committee of Ukraine and the administrative board of the Antimonopoly Committee of Ukraine at their meetings.

492.

7. If the undertaking has been operating for less than one year, the amount of the fine shall be calculated from the undertaking's income (revenue) for the entire period before the decision to impose the fine was made.

9. If the undertaking has been operating for less than one year, the amount of the fine shall be calculated from the income from the economic activity of the undertaking for the entire period before the decision to impose the fine was made.

493.

8. The procedure for determining the amount of the fine imposed for violation of the legislation on the protection of economic competition is established by the regulatory legal act of the Antimonopoly Committee of Ukraine.

10. So far, no changes in this part

494.

No provision

11. The fines provided for in part two of Article 52 of the Law may not be imposed in connection with actions (inaction) that took place in the period that coincides with the period for which periodic penalty payments are accrued in accordance with Article 52-2 of this Law.

495.

No provision

ARTICLE 52-2. PERIODIC PENALTY PAYMENTS

496.

No provision

1. The bodies of the Antimonopoly Committee of Ukraine may impose periodic penalty payments on undertakings, groups determined in part one of Article 52 of this Law for commission of violations, provided for in:

497.

No provision

1) clause 4 of Article 50 of this Law, periodic payments shall be imposed - for each day of non-fulfillment of commitments after the expiry of the period notified in accordance with part five or six of this Article;

498.

No provision

2) clauses 13, 14, 15 of Article 50 of this Law, periodic payments shall be imposed - for each day of failure to submit information after the expiration of the period notified in accordance with part five or six of this Article, or for each day of failure to submit

reliable information;

499.

No provision

3) Clause 16 of Article 50 of this Law, periodic payments shall be imposed - for each day of obstruction after the expiration of the period notified in accordance with part five or six of this Article;

500.

No provision

4) Clauses 16-1, 16-2 of Article 50 of this Law, periodic payments shall be imposed - for each day of failure to appear at the call after the expiration of the period notified in accordance with part five or six of this Article.

501.

No provision

2. A periodic penalty payment shall be imposed in the amount of up to 5% of the average daily income from the economic activity of an undertaking, group for each day for which the periodic penalty payment is charged in accordance with part one of this Article.

The average daily income of the undertaking, group shall be defined defined as the total amount of income from the economic activity from the sale of products (goods, works, services), including overseas, determined on the basis of part three of Article 52 of this Law, according to the last reporting year preceding the year in which the periodic penalty payment starts to accrue, divided by 365.

502.

No provision

If there is no income or the undertaking, group, defined in part one of Article 52 of this Law, at the request of the Antimonopoly Committee of Ukraine, the head of its territorial office has not provided the amount of income, a periodic penalty payment shall be imposed in the amount of ten minimum incomes of citizens for each day, for which a periodic penalty payment is accrued in accordance with part one of this Article.

503.

No provision

3. The bodies of the Antimonopoly Committee of Ukraine, when determining the size of the periodic penalty payment provided for in this Article, shall be governed by the principles of proportionality and reasonableness, the need to achieve a deterrent effect.

504.

No provision

4. The imposition of a periodic penalty payment shall be indicated in the decision of the Antimonopoly Committee of Ukraine based on the results of consideration of the case on violation of the legislation on protection of economic competition, specified

in clauses 1-4 of part one of this Article.

505.

No provision

5. Application of a periodic fine payment shall not exempt the defendant from payment of the fine provided for in Article 52 of this Law.

506.

No provision

The periodic fine payment may not be accrued for the period in which actions (inaction) were committed, for which fines are imposed in accordance with Article 52 of this Law.

507.

No provision

6. The following shall be noted In the decision on charging a periodic penalty payment in accordance with part four of this Article:

the person in respect of whom a periodic penalty payment is charged;

circumstances that are the basis for charging a periodic penalty payment;

the deadline for the fulfillment of a requirement or commitment, the violation of which is the basis for charging a periodic penalty payment;

the date when the periodic penalty payment starts to be accrued in case of failure to fulfill the requirement or obligation;

the amount of the periodic penalty payment as a percentage of the average daily income of the undertaking, group for the last reporting year, including overseas.

508.

No provision

The accrual of a periodic penalty payment may not begin until the defendant is served with the decision, which provides for the accrual of a periodic penalty payment.

509.

No provision

7. The accrual of the periodic penalty payment shall be terminated from the date of termination of the circumstances that are the basis for its accrual in accordance with part one of this Article, or from the date of adoption of the decision provided for in part nine of this Article.

510.

No provision

8. After the cessation of actions (inaction), which is the basis for charging a periodic penalty payment in accordance with part one of this Article, the body of the Antimonopoly Committee of Ukraine shall make a decision on collection of a periodic penalty payment.

In this case, the total amount of the periodic penalty payment to be collected may be reduced compared to the amount calculated in accordance with item 5 of part six of this Article.

511.

No provision

9. If the actions (inaction) specified in part one of this Article are not stopped, the body of the Antimonopoly Committee of Ukraine shall make a decision to collect a periodic penalty payment in the amount not exceeding the maximum amount of the fine for the corresponding violation of the legislation on protection of economic competition, determined in parts two, five and eight of Article 52 of this Law.

512.

No provision

10. The decision of the body of the Antimonopoly Committee of Ukraine on collection of a periodic penalty payment in case of non-fulfillment of a requirement or commitment at the time this decision is made may indicate:

an addition period for fulfilling the requirement or commitment;

a new date from which the accrual of the periodic penalty payment will begin in case of non-fulfillment of the requirement or commitment;

a new amount of the periodic penalty payment as a percentage of the average daily income of the undertaking, group for the last reporting year, including overseas.

513.

No provision

11. The procedural rules for the application of periodic penalty payments shall be determined in the regulatory act of the Antimonopoly Committee of Ukraine.

No provision

Article 52-3 . Joint and several liability

No provision

1. The obligation to pay a fine imposed on legal entities and/or individuals in accordance with parts four and six of Article 52 of this Law shall be joint and several. 

No provision

2. If it is impossible to recover a fine imposed by the body of the Antimonopoly Committee of Ukraine from a person due to termination of such person or insufficiency of property, in such case, the successors of such person, founders (participants, shareholders) and other persons belonging to the group recognized as an undertaking in accordance with Article 1 of this Law and which at the time of the offense included such person, shall be jointly and severally liable for payment of the fine imposed by the body of the Antimonopoly Committee of Ukraine.

No provision

3. If it is impossible to recover a fine imposed by a body of the Antimonopoly Committee of Ukraine from a person due to termination of such person or termination of economic activity by such person that provides its income, the person shall be subsidiarily liable for payment of the fine, who has acquired the assets (property) of the person on whom the fine was imposed, which in the aggregate ensured the ability of such person to carry out economic activities (in particular, movable and immovable property, rights of claim, debts, the right to a trademark or other designation and other rights).

514.

Article 53. Compulsory division

Article 53. Compulsory division and other structural obligations

515.

No provision

1. Structural obligations, including compulsory division, shall be applied in the manner envisaged in this Article and Articles 48-1 or 48-2 of this Law.

516.

1. If an undertaking abuses its monopoly (dominant) position in the market, the bodies of the Antimonopoly Committee of Ukraine have the right to decide on the forced division of the undertaking holding the monopoly (dominant) position.

2. Compulsory division shall be applied regardless of the imposition of a fine in the event that an undertaking commits a violation provided for:

paragraph 2 of Article 50 of this Law, if the preconditions for such actions (inaction) cannot be eliminated in any other way;

clauses 10, 11, 12, 19 of Article 50 of this Law, if it is impossible to eliminate the negative impact of concentration of undertakings on competition in any other way.

517.

No provision

3. Structural obligations, including the forced division of an undertaking, shall be fulfilled within the time and in the manner established by the Antimonopoly Committee of Ukraine.

The term and method of fulfillment of structural obligations, including compulsory

division, is mandatory for the undertaking.

518.

2. Compulsory division shall not be applied in the case of:

impossibility of organizational or territorial separation of enterprises, structural units or structural subdivisions;

close technological connection of enterprises, structural subdivisions or structural units (if the volume of products consumed by the undertaking exceeds thirty percent of the gross output of the enterprise, structural subdivision or structural unit).

4. The method of compulsory division of an undertaking established by the Antimonopoly Committee of Ukraine shall be ensured:

termination of actions (inaction) that constitute a violation of the legislation on protection of economic competition; eliminating the causes and preconditions for such actions (inaction);

eliminating the consequences of the relevant violation of the legislation on the protection of economic competition;

elimination of the monopoly (dominant) position in the market of the relevant undertaking, taking into account persons related to it by control relations;

eliminating the possibility of preventing, eliminating, restricting, or limiting competition by such an undertaking.

519.

No provision

5. The method of fulfillment of structural obligations, including forced division, may not contain:

the specific acquirer of the alienated property, including in connection with the forced division; criteria that allow to determine only one acquirer of such property;

the price or other remuneration for the alienated property, including in connection with the forced division.

520.

3. The decision of the bodies of the Antimonopoly Committee of Ukraine on the compulsory division of an undertaking shall be enforced within the established period, which may not be less than six months.

6. If the application of structural зобов’язань, including forced division, involves the alienation by the defendant of part of the property (assets), corporate rights, etc., such alienation shall be subject to prior and full reimbursement of its value by the new owner.

521.

No provision

7. If the application of structural commitments involves disposal by the defendant of part of property (assets, corporate rights, etc.), including through structural division, such disposal shall be carried out on condition of prior and full reimbursement of 

its value by the new owner.

522.

No provision

8. Acquisition of property alienated as a result of forced division shall be subject to obtaining prior permission of the Antimonopoly Committee of Ukraine for concentration of undertakings, regardless of fulfillment of the conditions of part one of Article 24 of this Law.

523

No provision

9. An undertaking and persons related to it by control relations, which is subject to compulsory division and/or other structural obligations, shall take all necessary measures to preserve assets (property), corporate rights, etc. subject to compulsory alienation, in particular, not to take any actions (inaction) that lead or may lead to a decrease in the value of such property (assets, corporate rights, etc.) until the moment of its alienation.

524.

No provision

10. An undertaking subject to compulsory division and/or other structural obligations and persons related to it by controlling relations shall not be entitled to encumber property subject to alienation in connection with compulsory division, including its pledge, contribution of the said property (assets, corporate rights, etc.) to the authorized capital of another undertaking, etc.

525.

No provision

11. Property alienated in connection with the application of compulsory division and/or other structural obligations may not be acquired by the person from whom it was alienated within ten years from the date of expiration of the term of its alienation.

526.

4. The reorganization of an undertaking subject to compulsory division shall be carried out at its discretion, provided that the monopoly (dominant) position of this undertaking in the market is eliminated.

To be removed

527.

Article 54. Administrative liability of officials and other employees of undertakings, authorities, local self-government bodies, administrative and economic management and control bodies.

Article 54. Administrative liability of officials of authorities, local self-government bodies, administrative and economic management and control bodies

528.

2. For offenses provided for in clauses 4, 13-16 of Article 50 of this Law, officials of authorities, local self-government bodies, administrative and economic management and

1. For offenses provided for in clauses 3, 4, 6, 7, 13-18, 21 of Article 50 of this Law, officials of authorities, local self-government bodies, administrative and economic management and control bodies shall bear administrative liability in accordance with

control bodies shall bear administrative liability in accordance with the law.

the law.

529.

No provision

2. The day of detection of administrative offenses provided for in part one of this Article shall the day of entry into force of the decision of the Antimonopoly Committee of Ukraine, territorial office on violation of the legislation on protection of economic competition, and the day of their commission shall be the day of actions (inaction) that led to the offenses provided for in Clauses 3, 4, 6, 7, 13-18, 21 of Article 50 of this Law.

530.

No provision

3. Concerning commission of an administrative offense by bodies or officials of the Antimonopoly Committee of Ukraine, its territorial office, defined by the Law of Ukraine "On the Antimonopoly Committee of Ukraine", a protocol on an administrative offense shall be drawn up.

531.

No provision

4. Protocols on administrative offenses shall be drawn up within three working days from the date of adoption of the decision by the body of the Antimonopoly Committee of Ukraine, its territorial office, in two copies, one of which shall be handed over to the person who is subject to administrative liability.

532.

No provision

5. If the person who is brought to administrative liability for the offense was not present when the protocol was drawn up, a corresponding entry shall be made in the protocol, which is signed by the authorized official of the Antimonopoly Committee of Ukraine, its territorial office, which drew up the protocol. At the same time, one copy of the drawn up protocol shall be sent within three working days to the person who is brought to administrative liability at the address notified by them or available to the Antimonopoly Committee of Ukraine, its territorial office (location/ declared/registered place of residence (stay)).

533.

3. Employees of undertakings and associations/groups shall be administratively liable for the offense provided for in clause 16 of Article 50 of this Law in accordance with the law.

To be removed

534.

Article 56. Procedure for executing decisions and orders of the Antimonopoly Committee of Ukraine, heads of territorial branches of the Antimonopoly Committee of 

Ukraine

So far, no changes in this part

535.

1. The decision (excerpt from it with the exception of restricted information, as well as information determined by the relevant State Commissioner of the Antimonopoly Committee of Ukraine, head of the territorial branch of the Antimonopoly Committee of Ukraine, the

So far, no changes in this part

disclosure of which may harm the interests of other persons involved in the case), order of the bodies of the Antimonopoly Committee of Ukraine, heads of its territorial branches shall be provided for execution by sending or delivering against receipt or notifying in another way.

536.

If it is not possible to deliver a decision or order, in particular, due to the following reasons:

So far, no changes in this part

537.

absence of an individual at the last known place of residence (place of registration);

So far, no changes in this part

538.

absence of officials or authorized representatives of the undertaking, administrative and

economic management and control body at the relevant legal address

So far, no changes in this part

539.

the decision or order of the Antimonopoly Committee of Ukraine is deemed to have been served on the defendant ten days after the date of publication of the information on the decision or order in the official printed media (the newspaper of the Verkhovna Rada of Ukraine "Holos Ukrainy", the newspaper of the Cabinet of Ministers of Ukraine "Uriadovyi Kurier", "Official Gazette of Ukraine", printed publications of the relevant regional council at the last known place of residence or place of registration, legal address of the defendant).

So far, no changes in this part

540.

2. Decisions and orders of the bodies of the Antimonopoly Committee of Ukraine, heads of its territorial branches are binding. Decisions and orders of the body of the Antimonopoly Committee of Ukraine shall come into force from the day of their adoption.

So far, no changes in this part

541.

No provision

Failure to comply with the decisions and orders of the bodies of the Antimonopoly Committee of Ukraine, the head of the territorial office of the 

Antimonopoly Committee of Ukraine, entails liability as defined by law."

542.

No provision

The bodies of the Antimonopoly Committee, the head of the territorial office of the Antimonopoly Committee of Ukraine, may take measures to monitor and control the implementation of relevant decisions and orders with the involvement of experts and expert institutions.

543.

3. A person on whom a fine has been imposed by a decision of the Antimonopoly Committee of Ukraine shall pay it within two months from the date of receipt of the decision on the imposition of a fine. Obligations established in the decision of the body of the Antimonopoly Committee of Ukraine, provided for in Article 48 of this Law, shall be fulfilled within two months from the date of receipt of the decision of the body of the Antimonopoly Committee

3. A person on whom a fine has been imposed by a decision of the Antimonopoly Committee of Ukraine shall pay it within two months from the date of receipt of the decision on the imposition of a fine. Obligations established in the decision of the body of the Antimonopoly Committee of Ukraine, provided for in Article 48 of this Law, shall be fulfilled within two months from the date of receipt of the decision of the body of the Antimonopoly Committee of Ukraine, unless otherwise provided by

of Ukraine, unless otherwise provided by law or this decision.

The terms provided for in clause one of this part are suspended during the court's consideration of the case on appeal of the decision of the body of the Antimonopoly Committee of Ukraine in the case of violation of the legislation on the protection of economic competition, as well as during the inspection or review of the decision in the case of violation of the legislation on the protection of economic competition by the body Antimonopoly Committee of Ukraine.

The accrual of the penalty shall be terminated from the date of payment of the fine imposed by the decision of the body of the Antimonopoly Committee of Ukraine.

law or the decision itself.

To be excluded

The accrual of penalties shall be suspended from the date of commencement of proceedings by the commercial court in the case on invalidation of the decision of the Antimonopoly Committee of Ukraine until the court decision enters into force, unless the commercial court suspends the execution of the decision.

The accrual of the penalty shall be terminated from the date of payment of the fine imposed by the decision of the body of the Antimonopoly Committee of Ukraine.

544.

4. If a fine is imposed on an undertaking in accordance with part four of Article 52, the fine may be paid in full or in part by any legal entity or individual that is a part of the undertaking and on which the fine is imposed. Payment of a fine in full by one legal entity or individual or by several persons releases other persons for whom the fine was paid from paying the fine.

So far, no changes in this part

545.

5. For each day of delay in payment of the fine, a penalty of one and a half percent of the amount of the fine shall be charged. The amount of the penalty may not exceed the amount of the fine imposed by the relevant decision of the Antimonopoly Committee of Ukraine.

So far, no changes in this part

546.

No provision

In case of late payment of the periodic penalty payment, interest shall not be applied. 

547.

The accrual of penalties ceases from the date the commercial court adopts a decision to collect the relevant fine.

To be excluded

548.

The accrual of penalties is suspended for the duration of the consideration or review by the commercial court:

So far, no changes in this part

549.

cases on invalidation of the decision of the Antimonopoly Committee of Ukraine to impose a

fine;

So far, no changes in this part

550.

the relevant decision (resolution) of the commercial court.

So far, no changes in this part

No provision

The accrual of penalties shall be suspended from the date of commencement of proceedings by the commercial court in the case on invalidation of the decision of the Antimonopoly Committee of Ukraine until the court decision enters into force, unless the commercial court suspends the execution of the decision.

551.

The accrual of penalties is suspended while the Antimonopoly Committee of Ukraine considers the application of the person on whom the fine was imposed to review or revise the decision in the case of violation of the legislation on the protection of economic competition.

So far, no changes in this part

552.

6. At the request of the person on whom the fine is imposed, the bodies of the Antimonopoly Committee of Ukraine by their decision may postpone or install the payment of the fine imposed by them (if such person gives written consent to the fact of committing a violation and the amount of the imposed fine), but for no more than 12 months.

So far, no changes in this part

553.

7. In case of non-payment of the fine, the bodies of the Antimonopoly Committee of Ukraine shall collect the fine in court.

So far, no changes in this part

554.

8. If, within the period established by the first clause of part three of this article, the decision of the body of the Antimonopoly Committee of Ukraine is not implemented, the Chair of the Antimonopoly Committee of Ukraine, the Head of the territorial branch of the Antimonopoly Committee of Ukraine shall issue an order to enforce the decision of the body of the Antimonopoly Committee of Ukraine, adopted as a result of the consideration of the case on violation of the legislation on the protection of economic competition, including the collection of a fine.

8. If, within the period established by the first paragraph of part three of this article, the decision of the body of the Antimonopoly Committee of Ukraine is not implemented, the Chairman of the Antimonopoly Committee of Ukraine, the head of the regional office of the Antimonopoly Committee of Ukraine shall issue an order to enforce the decision of the body of the Antimonopoly Committee of Ukraine, adopted as a result of the consideration of the case on violation of the legislation on the protection of economic competition, including the collection of a fine, periodic penalty payment.

555.

9. The order of the Chair of the Antimonopoly Committee of Ukraine, the Head of the territorial branch of the Antimonopoly Committee of Ukraine on the enforcement of the decision of the body of the Antimonopoly Committee of Ukraine, adopted as a result of the

9. The order of the Chairman of the Antimonopoly Committee of Ukraine, the head of the regional office of the Antimonopoly Committee of Ukraine on the enforcement of the decision of the body of the Antimonopoly Committee of Ukraine,

consideration of the case on violation of the legislation on the protection of economic competition, including the collection of a fine, is an executive document presented to bodies of the state executive service for enforcement in the manner specified by law.

adopted as a result of the consideration of the case on violation of the legislation on the protection of economic competition, including the collection of a fine, periodic penalty payment, is an executive document presented to bodies of the state executive service for enforcement in the manner specified by law.

556.

The orders specified in the first clause of this part must meet the requirements for an executive document established by law.

So far, no changes in this part

557.

10. Payment of a fine does not release the undertaking from the obligation to stop violating the legislation on the protection of economic competition, as well as from fulfilling other obligations established by the decision of the Antimonopoly Committee of Ukraine.

10. Payment of a fine, periodic penalty payment, does not release the undertaking from the obligation to stop violating the legislation on the protection of economic competition, as well as from fulfilling other obligations established by the decision of the Antimonopoly Committee of Ukraine..

558.

11. If the decision of the body of the Antimonopoly Committee of Ukraine is made in relation to several defendants or if the execution of such a decision must be carried out in different places, or if such a decision provides for the performance of several actions, the Chair of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine issues several orders, in each of which one defendant and one collector are indicated, and it is also determined in which part the decision of the body of the Antimonopoly Committee of Ukraine must be implemented, or it is noted that the obligation or right of collection is joint and several.

So far, no changes in this part

559.

12. The Chair of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine, who issued the order provided for in part nine of this article, may, on his own initiative or at the request of the defendant, correct a mistake made during the execution or issuance of the order. On the correction of an error made, the Chair of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine introduces changes to the order on the enforcement of the decision of the body of the Antimonopoly Committee of Ukraine, adopted as a result of the review of the case on the violation of the legislation on the protection of economic competition, including the collection of a fine, which is an integral part of the executive document.

12. The Chair of the Antimonopoly Committee of Ukraine, the head of the regional office of the Antimonopoly Committee of Ukraine, who issued the order provided for in part nine of this article, may, on his own initiative or at the request of the defendant, correct a mistake made during the execution or issuance of the order. On the correction of an error made, the Chair of the Antimonopoly Committee of Ukraine, the head of the regional office of the Antimonopoly Committee of Ukraine introduces changes to the order on the enforcement of the decision of the body of the Antimonopoly Committee of Ukraine, adopted as a result of the review of the case on the violation of the legislation on the protection of economic competition, including the collection of a fine, periodic penalty payment, changes, which shall be included in the order, which shall be an integral part of the enforcement document .

560.

13. Within five days from the date of payment of the fine and penalty, undertaking is obliged to send, in accordance with the Antimonopoly Committee of Ukraine or its territorial branch, documents confirming the payment of the fine and penalty.

13. Within five days from the date of payment of the fine penalty, periodic penalty payment, undertaking is obliged to send, in accordance with the Antimonopoly Committee of Ukraine or its regional office, documents confirming the payment of the fine, penalty, periodic penalty payment.

561.

14. The amounts of fines and penalties collected shall be credited to the state budget.

14. The amounts of fines, penalties, periodic penalty payments collected shall be credited to the state budget.

562.

15. Decisions of the relevant bodies and officials of the Antimonopoly Committee of Ukraine on imposing administrative penalties on officials and other employees of undertakings, authorities, local self-government bodies, administrative and economic management and control bodies shall be enforced in accordance with the procedure established by law.

So far, no changes in this part

563.

16. If recovery from a person of a fine imposed by a body of the Antimonopoly Committee of Ukraine is impossible due to the termination of such a person, bankruptcy or insufficiency of property due to the fault of its founders (participants, shareholders), who have the right to issue binding instructions for the defendant, in this case, the successors of such persons, founders (participants, shareholders), who are part of a group that is recognized as an undertaking in accordance with Article 1 of this Law and which at the time of committing the offense included such a person on whom a fine was imposed by the Antimonopoly Committee of Ukraine, jointly and severally bear subsidiary responsibility for paying the fine imposed by the Antimonopoly Committee of Ukraine.

To be excluded

17. In order to ensure effective enforcement of decisions on imposition of fines in cases of violation of legislation on protection of economic competition, the Antimonopoly Committee of Ukraine and its territorial offices shall have the right to apply to the court for measures to ensure enforcement of decisions on imposition of fines in cases of violation of legislation on protection of economic competition, in accordance with the procedure established by law.

564.

Article 57. Review of decisions in cases of violation of the legislation on the protection of economic competition and in applications, cases of concerted actions

Article 57. Review of decisions in cases of violation of the legislation on the protection of economic competition

565.

1. Decisions made by the administrative board of the territorial branch of the Antimonopoly Committee of Ukraine, the State Commissioner of the Antimonopoly Committee of Ukraine, the administrative board of the Antimonopoly Committee of Ukraine in cases of violation of

1. Decisions made by the administrative board of the territorial office of the Antimonopoly Committee of Ukraine, the state authorized person of the Antimonopoly Committee of Ukraine, the administrative board of the Antimonopoly

the legislation on the protection of economic competition, in applications, cases of concerted actions may be reviewed at the request of persons involved in the case or on their own initiative in accordance with the procedure established by the Antimonopoly Committee of

Ukraine

Committee of Ukraine in cases of violation of the legislation on the protection of economic competition, in applications, cases of concerted actions may be reviewed at the request of persons involved in the case or on their own initiative in accordance with the procedure established by the Antimonopoly Committee of Ukraine.

566.

Article 58. Review of decisions in cases of violation of the legislation on the protection of economic competition and in applications, cases of concerted actions, concentration

Article 58. Review of decisions in cases of violation of the legislation on the protection of economic competition and in applications, cases of concerted actions, concentration

567.

1. The bodies of the Antimonopoly Committee of Ukraine on their own initiative or upon applications of persons may review the decisions taken by them in cases of violation of the legislation on the protection of economic competition and in applications, cases of concerted actions, concentration, in case of:

1. The bodies of the Antimonopoly Committee of Ukraine on their own initiative or upon applications of persons may review the decisions taken by them in cases of violation of the legislation on the protection of economic competition and in applications, cases of concerted actions, concentration, in case of:

568

if the material circumstances were not and could not have been known to the bodies of the Antimonopoly Committee of Ukraine, which resulted in the adoption of an illegal or unreasonable decision;

So far, no changes in this part

569.

if the decision was made on the basis of inaccurate information, which led to an illegal or unreasonable decision;

So far, no changes in this part

570.

failure of the participants of concerted actions, concentration to fulfill the requirements and obligations that were the basis for the decision of the Antimonopoly Committee of Ukraine on concerted actions, concentration in accordance with part two of Article 31 of this Law

failure of the participants of concerted actions, concentration to fulfill the requirements and obligations that were the basis for the decision of the Antimonopoly Committee of Ukraine on concerted actions, concentration in accordance with part two of Article 31 of this Law;

571.

if the circumstances underlying the decision to grant a clearance for concerted actions or concentration of undertakings no longer exist;

if the circumstances underlying the decision to grant a permit for concerted actions, concentration of undertakings no longer exist;

572.

non-fulfillment by undertaking of the terms of the settlement agreement regarding termination of the violation and elimination of the causes of its occurrence, elimination of the consequences of the violation;

So far, no changes in this part

573.

if the settlement agreement violates public order;

So far, no changes in this part

574.

other grounds provided for by the laws of Ukraine.

So far, no changes in this part

575.

The bodies of the Antimonopoly Committee of Ukraine that made the decision may suspend the execution of the decision until the end of its review, which shall be notified in writing to the persons involved in the case.

So far, no changes in this part

576.

2. Revision of decisions in cases of violation of the legislation on the protection of economic competition, in applications, cases of concerted actions, concentration is allowed in the cases provided for:

2. Revision of decisions in cases of violation of the legislation on the protection of economic competition, in applications, cases of concerted actions, concentration is allowed in the cases provided for:

577.

by the second, third and sixth unnumbered paragraphs of the first part of this article - within five years from the date of adoption of the relevant decision;

paragraphs two, three and six of part one of this Article - within five years from the date of adoption of the respective decision;

578.

unnumbered paragraphs four and five of the first part of this article - during the period of validity of the decision;

paragraphs four, five, and seven of part one of this Article - during the period of validity of the decision;

579.

unnumbered paragraph eight of the first part of this article - within three years from the date of adoption of the relevant decision, unless otherwise established by law.

paragraph eight of part one of this Article, - within three years from the date of the decision, unless otherwise established by law.

580

Based on the results of the review of the decision on the grounds provided for in the sixth unnumbered paragraph of the first part of this article, the body of the Antimonopoly Committee of Ukraine changes its decision regarding the amount of the fine.

So far, no changes in this part

581.

3. Based on the results of the review, the bodies of the Antimonopoly Committee of Ukraine may:

So far, no changes in this part

582.

uphold the decision;

So far, no changes in this part

583.

amend the decision;

So far, no changes in this part

584.

cancel the decision;

So far, no changes in this part

585.

adopt a new decision as provided for in Articles 31 and 48 of this Law, part one of Article 30 of Law of Ukraine "On Protection Against Unfair Competition".

adopt a new decision as provided for in Articles 31, 48, 48-1, and 48-2 of this Law, part one of Article 30 of Law of Ukraine "On Protection Against Unfair Competition".

586.

4. If, based on the results of the review of decisions, the Antimonopoly Committee of Ukraine decides to prohibit the concentration, the state registration of the undertaking created as a result of the concentration shall be canceled in court at the request of the Antimonopoly Committee of Ukraine.

So far, no changes in this part

Article 60. Appeals against Decisions of the Antimonopoly Committee of Ukraine

Article 60. Appeals against Decisions of the Antimonopoly Committee of 

Ukraine

3. Acceptance by the commercial court of the application for invalidation of the decision of the body of the Antimonopoly Committee of Ukraine for consideration shall not suspend its execution, except in cases provided for in part four of this Article.

3. Acceptance by the commercial court of the application for invalidation of the decision of the body of the Antimonopoly Committee of Ukraine for consideration shall not suspend the terms of its execution, except as provided for in part four of this Article.

4. Initiation by a commercial court of proceedings on invalidation of a decision of the Antimonopoly Committee of Ukraine:

4. Opening of proceedings by a commercial court to invalidate a decision of a body of the Antimonopoly Committee of Ukraine:

in accordance with part one of Article 48 of this Law, part one of Article 30 of the Law of

Ukraine "On Protection against Unfair Competition";

in accordance with part one of Article 48 of this Law, part one of Article 30 of the

Law of Ukraine "On Protection against Unfair Competition";

based on the results of an audit in accordance with part five of Article 57 of this Law;

based on the results of an audit in accordance with part five of Article 57 of this Law;

based on the results of the review in accordance with part three of Article 58 of this Law,

based on the results of the review in accordance with part three of Article 58 of this

Law,

as well as the review of the relevant decision (resolution) of the commercial court at the request of a party shall suspend the execution of the said decision of the Antimonopoly Committee of Ukraine for the duration of the consideration of this case or the review of the relevant decision (resolution) of the commercial court, unless otherwise determined by the

suspends the terms of execution of the said decision of the body of the Antimonopoly Committee of Ukraine until the court decision enters into force, unless the body of the Antimonopoly Committee of Ukraine in accordance with part three of Article 48 of this Law or the commercial court determines otherwise.

Antimonopoly Committee of Ukraine in accordance with part three of Article 48 of this Law or the commercial court.

5. Notwithstanding the provisions of part four of this Article, if there are sufficient grounds, the commercial court may suspend the decision of the body of the Antimonopoly Committee of Ukraine.

5. Notwithstanding the provisions of part four of this Article, if there are sufficient grounds, the commercial court may suspend execution of the decision of the body of the Antimonopoly Committee of Ukraine at any stage of the court proceedings.

587.

Article 62. Definition and calculation of terms in the legislation on the protection of economic competition

Article 62. Definition and calculation of terms in the legislation on the protection of economic competition

588.

1. The terms within which the relevant actions shall be taken, in particular, when considering applications for clearances for concerted actions, concentration of undertakings, when considering cases of violation of the legislation on the protection of economic competition, etc., shall be established by the legislation on the protection of economic competition, as well as by the bodies of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine. These terms are determined by a calendar date, an indication of an event that must imminently occur, or a period of time.

1. The terms within which the relevant actions shall be taken, in particular, when considering applications for permits for concerted actions, concentration of undertakings, when considering cases of violation of the legislation on the protection of economic competition, etc., shall be established by the legislation on the protection of economic competition, as well as by the bodies of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine. These terms are determined by a calendar date, an indication of an event that must imminently occur, or a period of time.

2. The term established by the bodies of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine may be extended upon application submitted before the expiration of this term or at the initiative of the body of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine.

If there are valid reasons for missing the deadline established by law, the body of the Antimonopoly Committee of Ukraine, the head of the territorial office of the Antimonopoly Committee of Ukraine may set an additional deadline for the relevant action, unless this Law establishes the impossibility of renewing the deadline.

2. The term, which is calculated in years, months or days, shall begin on the day following the calendar date or event that determines its beginning.

3. The term, which is calculated in years, months or days, shall begin on the day following the calendar date or event that determines its beginning.

A term calculated in years expires on the corresponding month and day of the last year of the term.

The term, which is calculated in years, expires on the corresponding month and day of the last year of the term.

A term calculated in months shall expire on the corresponding day of the last month of the term. If the end of a term calculated in months falls on a month that does not have a corresponding day, the term shall expire on the last day of that month.

A term calculated in months shall expire on the corresponding day of the last month of the term. If the end of a term calculated in months falls on a month that does not have a corresponding day, the term shall expire on the last day of that month.

If the last day falls on a non-working day, the first working day following it shall be deemed the expiration date.

If the last day falls on a non-working day, the first working day following it shall be deemed the expiration date.

The last day of the deadline lasts up to 24 hours, but if an action had to be taken within this period at the Antimonopoly Committee of Ukraine or its territorial office, the deadline expires at the end of the business day.

The last day of the deadline lasts up to 24 hours, but if an action had to be taken within this period at the Antimonopoly Committee of Ukraine or its territorial office, the deadline expires at the end of the working day.

3. The deadline shall not be deemed missed if the required documents are submitted by post before its expiration. In case the documents are not received by the Antimonopoly Committee of Ukraine or its territorial office, the relevant person shall provide appropriate evidence to confirm the fact of sending such documents by mail.

4. The deadline shall not be deemed missed if the required documents are submitted by post before its expiration. In case the documents are not received by the Antimonopoly Committee of Ukraine or its territorial office, the relevant person shall provide appropriate evidence to confirm the fact of sending such documents by mail.

No

Current version

Proposed changes

589.

Article 3. Tasks of the Antimonopoly Committee of Ukraine

So far, no changes in this part

590.

The main task of the Antimonopoly Committee of Ukraine shall be to participate in the development and implementation of competition policy in terms of:

So far, no changes in this part

591.

2) control over concentration, concerted actions of undertakings and compliance with the requirements of the legislation on the protection of economic competition in the course of regulating prices (tariffs) for goods produced (sold) by natural monopolies;

2) control over concentration, concerted actions of undertakings and compliance with the requirements of the legislation on the protection of economic competition in the course of regulating prices (tariffs) for goods produced (sold) by natural monopolies;

Article 4. Basic Principles of the Antimonopoly Committee of Ukraine

Article 4. Basic Principles of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine builds its activities on principles:

legality;

publicity;

The Antimonopoly Committee of Ukraine builds its activities on principles:

the rule of law, including legality and legal certainty;

validity;

impartiality;

good faith and prudence;

proportionality and reasonableness;

openness and publicity;

timeliness and reasonable time for consideration of applications and cases;8) efficiency;

presumption of legitimacy of actions and claims of a person;

officialdom;

- protection of competition on the basis of equality of individuals and legal entities before the law and the priority of consumer rights.

guaranteeing effective remedies;

protection of competition on the basis of equality of individuals and legal entities before the law and priority of consumer rights.

592.

Article 7. Powers of the Antimonopoly Committee of Ukraine

So far, no changes in this part

593.

To monitor compliance with the legislation on the protection of economic competition the Antimonopoly Committee of Ukraine shall have the following powers:

So far, no changes in this part

594.

1) to consider applications and cases of violation of the legislation on the protection of economic competition and conduct investigations into such applications and cases;

So far, no changes in this part

595.

2) to issue orders and decisions on applications and cases provided for by the legislation on the protection of economic competition, to review and revise decisions in cases, to provide opinions on the qualification of actions in accordance with the legislation on the protection of economic competition;

So far, no changes in this part

596.

3) to consider cases of administrative offenses, adopt resolutions and check their legality and validity;

So far, no changes in this part

597.

4) to inspect undertakings, associations/groups, authorities, local self-government bodies, administrative and economic management and control bodies for compliance with the requirements of the legislation on the protection of economic competition and during investigations into applications and cases of violation of the legislation on the protection of economic competition;

So far, no changes in this part

598.

5) when considering applications and cases on violation of the legislation on the protection of economic competition, conducting inspections and in other cases provided for by law, to demand information, including restricted information, from undertakings, associations/groups, authorities, local self-government bodies, administrative and economic management and control bodies, their officials and employees, other individuals and legal

So far, no changes in this part

entities;

599.

6) to arrange an expert review and appoint an expert from among persons who have the necessary knowledge to provide an expert opinion;

So far, no changes in this part

600.

7) on the basis of a court decision of the commercial court in cases and according to the procedure specified by law, during inspections:

to have unhindered access to the premises of enterprises, institutions and organizations, to storage places of information owned and/or used by undertakings, associations, authorities, local selfgovernment bodies, administrative and economic management and control bodies (computers, technical means of electronic communications and information storage, servers, safes, workplaces of employees, etc.), regardless of their location; copy and/or receive copies of such information;

to seize or confiscate objects or other information carriers, documents, including their originals, seal premises, electronic communication systems or information storage places in a way that makes it impossible to get acquainted with their contents;

conduct an inspection of the premises and other possessions of undertakings, associations, authorities, local self-government bodies, administrative and economic management and control bodies that are being inspected;

So far, no changes in this part

601.

8) in case of obstacles to the employees of the Antimonopoly Committee of Ukraine in the exercise of their powers under clauses 4, 5 and 7 of this part, to involve police officers to apply measures provided for by law to overcome obstacles;

So far, no changes in this part

602.

No provision

8-1) or 20);

to summon, in order to provide oral or written explanations in connection with performance of tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition, managers, officials, employees, representatives of undertakings, groups, authorities, local selfgovernment bodies, bodies of administrative and economic management and control, other legal entities, their structural units, branches, representative offices, and any other natural persons who may possess information or 

documents that may be evidence of violations of the legislation on protection of economic competition;

603.

No provision

8-2) conduct surveys of undertakings, buyers, sellers, consumers in connection with performance of tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition;

604.

9) to involve police officers, customs officers, and other law enforcement agencies to ensure that a case of violation of the legislation on the protection of economic competition is considered, in particular in the case of an investigation;

So far, no changes in this part

605.

10) to involve specialists of state authorities, local self-government bodies, enterprises, institutions, organizations in conducting inspections in agreement with their heads, members of local councils with their consent;

So far, no changes in this part

606.

11) to conduct market research, determine the boundaries of the commodity market (in the media sector — according to the methods agreed with the National Council on Television and Radio Broadcasting of Ukraine), as well as the position, including monopoly (dominant), of undertakings in the relevant market and make appropriate decisions (orders);

11) to conduct market research, determine the boundaries of the commodity market

(in the media sector — according to the methods agreed with the National Council on Television and Radio Broadcasting of Ukraine), as well as the position, including monopoly (dominant), of undertakings in the relevant market and make appropriate decisions (orders)

607.

12) to determine the presence or absence of control between undertakings or their parts and the composition of a group of undertakings that is a single undertaking;

So far, no changes in this part

608.

13) to submit mandatory proposals to executive authorities and local self-government bodies for consideration regarding the revocation of licenses, termination of foreign economic operations of undertakings in case of violation of legislation on the protection of economic competition;

So far, no changes in this part

609.

14) to provide mandatory recommendations to authorities, local self-government bodies, administrative and economic management and control bodies, undertakings, associations/groups on termination of actions or inaction that contain signs of violation of the legislation on the protection of economic competition, and elimination of the causes of such violations and conditions that facilitate them;

So far, no changes in this part

610.

No provision

14-1) to apply mandatory behavioral and/or structural remedies to 

undertakings and groups;

611.

No provision

14-2) to apply mandatory behavioral remedies to authorities, local selfgovernment bodies, administrative and economic management and control bodies;

612

15) to file claims, applications, and complaints in connection with the application of the legislation on the protection of economic competition, as well as requests for information on court cases considered by these courts in accordance with the legislation on the protection of economic competition;

15) to file claims, applications, and complaints in connection with the application of the legislation on the protection of economic competition, as well as requests for information on court cases considered by these courts in accordance with the legislation on the protection of economic competition;

613.

No provision

15-1) apply to the court with claims for invalidation of transactions committed as a result of anti-competitive concerted actions;

614.

No provision

15-2) apply to the court for invalidation of transactions made at auctions, tenders, contests, if the terms of such a transaction were determined under the influence of anti-competitive concerted actions, which prevented or could have prevented the determination of the most favorable conditions for a party that is not a participant in anti-competitive concerted actions, at such auctions, contests, tenders;

615.

16) to apply to and receive from the competent authorities of other states the necessary information to exercise its powers;

16) to apply to and receive from competent authorities of other countries, the

European Commission information necessary to exercise own powers;

616.

No provision

17) to apply for and receive assistance from competent authorities of other countries, the European Commission, in conducting investigations into violations of the legislation on protection of economic competition, in particular, by sending requests for provision of information to undertakings that carry out economic activities on the territory of other countries;

617.

17) to provide information to the competent authorities of other states in cases and in the manner prescribed by law;

18) to provide information to competent authorities of other countries, the European Commission;

618.

No provision

19) provide assistance to competent authorities of other countries and the 

European Commission in conducting investigations into violations of the 

legislation on protection of economic competition in instances and in the manner prescribed by law, in particular, by forwarding requirements of competent authorities of other countries and the European Commission to provide information to undertakings carrying out economic activities on the territory of Ukraine; 

619.

20) conduct research on compliance with requirements of the legislation on protection of economic competition;

620.

17- 1 ) to exercise the powers provided for by the Law of Ukraine "On Public Procurement";

21) to exercise the powers provided for by the Law of Ukraine "On Public Procurement";

621.

18) to exercise other powers provided for by the legislation on the protection of economic competition and the Law of Ukraine "On Public Procurement".

22) to exercise other powers provided for by the legislation on the protection of economic competition and the Law of Ukraine "On Public Procurement".

622.

To monitor concerted actions and concentration, the Antimonopoly Committee of Ukraine shall have the following powers:

To monitor concerted actions, concentration, the Antimonopoly Committee of Ukraine shall have the following powers:

623.

1) to consider applications and cases for clearances, opinions, preliminary conclusions on concerted actions, concentration, and conduct research on these applications and cases;

1) to consider applications and cases for permits, opinions, preliminary conclusions on concerted actions, concentration, and conduct research on these applications and cases;

624.

2) to issue orders and decisions on applications and cases for clearance of concerted actions, concentration, as provided for by the legislation on the protection of economic competition, to provide opinions, preliminary conclusions on concerted actions, concentration, and conclusions on the qualification of actions in accordance with the legislation on the protection of economic competition;

2) to issue orders and decisions on applications and cases for approval of concerted actions, concentration, as provided for by the legislation on the protection of economic competition, to provide opinions, preliminary conclusions on concerted actions, concentration, and conclusions on the qualification of actions in accordance with the legislation on the protection of economic competition;

625.

3) to review and verify the decisions made by the bodies of the Antimonopoly Committee of

Ukraine within their competence;

So far, no changes in this part

626.

4) to allow or prohibit concerted actions and concentration;

4) to allow or prohibit concerted actions, concentration;

627.

No provision

4-1) to apply mandatory behavioral and/or structural remedies to undertakings and groups; 

628.

5) when considering applications and cases on violation of the legislation on the protection of economic competition, conducting inspections and in other cases provided for by law, to demand information, including restricted information, from undertakings, associations/groups, authorities, local self-government bodies, administrative and economic management and control bodies, their officials and employees, other individuals and legal entities;

So far, no changes in this part

629.

6) to exercise the powers provided for in clauses 6, 11, 12, 15 and 16 of part one of this Article;

6) to exercise the powers provided for in clauses 6, 11, 12, 15-17, 22-23 of part one of this Article;

630.

7) to exercise other powers provided for by the legislation on the protection of economic competition.

7) to apply for and receive from competent authorities of other countries, the European Commission, information necessary for the control of concentrations of undertakings, provide the mentioned authorities, the European Commission with the information requested by them in the field of concentration control, in instances and in the manner prescribed by law;

631.

No provision

8) to apply to the court with claims for invalidation of transactions that are concentrations, in respect of which a decision was made to prohibit them;

632.

No provision

9) to apply to the court for invalidation of transactions that are concentrations, for the execution of which it was necessary to obtain permission in advance and for which there are no grounds for granting permission for the concentration carried out without prior permission;

633.

No provision

10) to apply to the court for invalidation of transactions that are concentrations, in respect of which a decision was made to grant permission conditioned on commitments assumed by participants of such concentrations, who did not 

fulfill such commitments within the period specified in the decision to authorize concentration;

634.

No provision

11) conduct research on compliance with requirements of the legislation on protection of economic competition

635.

12) to exercise other powers provided for by the legislation on the protection of economic competition..

12) to exercise other powers provided for by the legislation on protection of economic competition.

636.

In order to form and implement competition policy, promote competition, provide regulatory and methodological support for the Antimonopoly Committee of Ukraine and cause legislation on the protection of economic competition to be applied, the Antimonopoly Committee of Ukraine shall have the following powers:

So far, no changes in this part

637.

1) to request from undertakings, associations/groups, authorities, local self-government bodies, administrative and economic management and control bodies, their officials, information, including restricted information, necessary for market research, as well as information on the implementation of competition policy;

So far, no changes in this part

638.

2) to summarize and analyze information on the implementation of legislative acts on the protection of economic competition in terms of priorities and directions of competition policy;

So far, no changes in this part

639.

3) to participate in the development of and submit proposals to the President of Ukraine and the Cabinet of Ministers of Ukraine in accordance with the established procedure regarding laws and other regulations on the development of competition, competition policy and demonopolization of the economy, approve draft regulations of the President of Ukraine, the Cabinet of Ministers of Ukraine, central and local executive authorities, local self-government bodies, administrative and economic management and control bodies that may affect competition;

So far, no changes in this part

640.

4) to exercise the powers provided for in clauses 6, 11, 12 and 15 of part one of this Article;

So far, no changes in this part

641.

5) to provide mandatory recommendations and submit proposals to state authorities, local selfgovernment bodies, institutions, organizations, undertakings, associations/groups on

So far, no changes in this part

measures aimed at limiting monopoly, developing entrepreneurship and competition, preventing violations of legislation on the protection of economic competition, as well as on termination of actions or inaction that may have a negative impact on competition;

642.

6) to interact with state authorities, local self-government bodies, administrative and economic management and control bodies, enterprises, institutions, and organizations on the issues of development, support, protection of economic competition and demonopolization of the economy;

So far, no changes in this part

643.

7) to summarize the practice of application of legislation on the protection of economic competition, submit proposals for its improvement to the relevant state authorities;

So far, no changes in this part

644.

8) to develop and organize the implementation of measures aimed at preventing violations of the legislation on the protection of economic competition;

So far, no changes in this part

645.

9) to participate in the development and submission of proposals to the President of Ukraine and the Cabinet of Ministers of Ukraine on draft regulations on competition policy, development and protection of competition and demonopolization of the economy;

So far, no changes in this part

646.

10) to develop and approve, together with other state authorities concerned, interagency regulations on the development and protection of economic competition and demonopolization of the economy;

So far, no changes in this part

647.

11) to adopt its own regulations in the form of orders on issues within its competence, in particular, on control over concerted actions, concentration, jurisdiction and consideration of applications and cases on concerted actions, concentration, violation of legislation on the protection of economic competition, organization of activities of the bodies of the

Antimonopoly Committee of Ukraine;

11) to adopt its own regulations in the form of orders on issues within its competence, in particular, on control over concerted actions, concentration, jurisdiction and consideration of applications and cases on concerted actions, concentration, violation of legislation on the protection of economic competition, organization of activities of the bodies of the Antimonopoly Committee of Ukraine;

648.

12) to give official interpretation of its own regulations;

So far, no changes in this part

649.

13) to provide advisory clarifications on the application of legislation on the protection of economic competition;

So far, no changes in this part

650.

14) to submit proposals to the President of Ukraine, the Cabinet of Ministers of Ukraine, the National Bank of Ukraine, and instructions to state authorities and local self-government bodies to amend their regulations that do not comply with the legislation on the protection of economic competition or, as a result of ambiguous understanding, create obstacles to the development of competition;

So far, no changes in this part

651.

15) to form administrative boards of the Antimonopoly Committee of Ukraine;

So far, no changes in this part

652.

16) to establish territorial branches and advisory bodies of the Antimonopoly Committee of

Ukraine;

So far, no changes in this part

653.

17) to participate in the development and implementation of international projects and programs, as well as cooperate with international organizations, government agencies and non-governmental organizations of other states on issues within the competence of the

Antimonopoly Committee of Ukraine;

So far, no changes in this part

654.

18) to publish its printed media, official publications (collections) of statutory instruments on the protection of economic competition, and maintain an electronic webpage on the Internet;

So far, no changes in this part

655.

19) to exercise other powers provided for by the legislation on the protection of economic competition and the Law of Ukraine "On Public Procurement"

So far, no changes in this part

656.

Other state authorities shall not exercise the powers of the Antimonopoly Committee of Ukraine provided for in clauses 1-4 and 11 of part one, clauses 1, 2 and 4 of part two, clauses 11-13, 15 and 16 of part three of this Article.

So far, no changes in this part

657.

To control the compatibility of state aid for competition the Antimonopoly Committee of Ukraine shall have the powers defined by the Law of Ukraine "On State Aid to Undertakings".

So far, no changes in this part

658.

Article 9. Chair of the Antimonopoly Committee of Ukraine

So far, no changes in this part

659.

The Chair of the Antimonopoly Committee of Ukraine shall:

So far, no changes in this part

660.

have the right, at the request of the persons involved in the case, the bodies of the Antimonopoly Committee of Ukraine, the Chair of its territorial branch or on its own initiative, to request any materials, including applications and cases on granting clearance for concerted actions, concentration, violation of legislation on the protection of economic competition, which are considered by the body of the Antimonopoly Committee of Ukraine or the Head of the territorial branch of the Antimonopoly Committee of Ukraine, and to transfer them for consideration to another body of the Antimonopoly Committee of Ukraine or the Head of the territorial branch of the Antimonopoly Committee of Ukraine, except for applications and cases referred to the exclusive competence of the Antimonopoly Committee of Ukraine as the supreme collegial body;

have the right, at the request of the persons involved in the case, the bodies of the Antimonopoly Committee of Ukraine, the chairman of its territorial office or on its own initiative, to request any materials, including applications and cases on granting permission for concerted actions, concentration, violation of legislation on the protection of economic competition, which are considered by the body of the Antimonopoly Committee of Ukraine or the chairman of the territorial office of the Antimonopoly Committee of Ukraine, and to transfer them for consideration to another body of the Antimonopoly Committee of Ukraine or the chairman of the territorial office of the Antimonopoly Committee of Ukraine, except for applications and cases referred to the exclusive competence of the Antimonopoly Committee of

Ukraine as the supreme collegial body;

661.

Article 13. Exclusive Competence of the Antimonopoly Committee of Ukraine as the 

Supreme Collegial Body

So far, no changes in this part

662.

The exclusive competence of the Antimonopoly Committee of Ukraine shall include:

So far, no changes in this part

663.

1) authorizing or prohibiting concerted actions in accordance with parts one and two of Article

10 of the Law of Ukraine "On the Protection of Economic Competition";

To be removed

664.

3) review of decisions made by the Antimonopoly Committee of Ukraine in cases of violation of legislation on the protection of economic competition and in applications and cases of concerted actions and concentration;

3) review of decisions made by the Antimonopoly Committee of Ukraine in cases of violation of legislation on the protection of economic competition and in applications and cases of concerted actions, concentration;

665.

Article 14. Competence of Administrative Boards of the Antimonopoly Committee of Ukraine and Administrative Boards of the territorial branch of the Antimonopoly 

Committee of Ukraine

So far, no changes in this part

666.

The permanent administrative board of the Antimonopoly Committee of Ukraine shall have the following powers:

So far, no changes in this part

667.

1) to consider applications and cases on violation of legislation on the protection of economic competition, on granting clearance, providing preliminary conclusions on concerted actions, concentration, conduct investigations or inspections on these applications and cases;

1) to consider applications and cases on violation of legislation on the protection of economic competition, on granting permission, providing preliminary conclusions on concerted actions, concentration, conduct investigations or inspections on these applications and cases;

668.

2) to issue orders and decisions provided for by the legislation on the protection of economic competition, provide opinions on the qualification of actions in accordance with the legislation on the protection of economic competition, preliminary conclusions on concerted actions, concentration;

2) to issue orders and decisions provided for by the legislation on the protection of economic competition, provide opinions on the qualification of actions in accordance with the legislation on the protection of economic competition, preliminary conclusions on concerted actions, concentration;

669.

3) to review decisions of administrative boards of territorial branches of the Antimonopoly

Committee of Ukraine;

So far, no changes in this part

670.

4) to review decisions made by the permanent administrative board of the Antimonopoly

Committee of Ukraine;

So far, no changes in this part

671.

5) when considering applications and cases on violation of the legislation on the protection of economic competition, conducting inspections and in other cases provided for by law, to demand information, including restricted information, from undertakings, associations/groups, authorities, local self-government bodies, administrative and economic management and control bodies, their officials and employees, other individuals and legal entities;

So far, no changes in this part

672.

No provision

5-1) to summon, in order to provide oral or written explanations in connection with performance of tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition, managers, officials, employees, representatives of undertakings, groups, authorities, local self-government bodies, bodies of administrative and economic management and control, other legal entities, their structural units, branches, representative offices, and any other natural persons who may possess information or documents that may be evidence of violations of the legislation on protection of economic competition

673.

No provision

8-2) to conduct surveys of undertakings, buyers, sellers, consumers in connection with the performance of tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition;

674.

6) to arrange an expert review and appoint an expert from among persons who have the necessary knowledge to provide an expert opinion;

So far, no changes in this part

675.

7) to conduct market research, determine the boundaries of the commodity market, as well as the position, including monopoly (dominant) position, of undertakings in this market and make appropriate decisions (orders);

7) to conduct market research, determine the boundaries of the commodity market, as well as the position, including monopoly (dominant) position, of undertakings in this market and make appropriate decisions (orders);

676.

8) to determine the presence or absence of control between undertakings or their parts and the composition of a group of undertakings that is a single undertaking;

So far, no changes in this part

677.

9) to make mandatory submissions to the executive authorities regarding the revocation of licenses, termination of foreign economic operations of undertakings in case of violation of legislation on the protection of economic competition;

So far, no changes in this part

678.

No provision

9-1) to apply mandatory behavioral and/or structural remedies to undertakings and groups;

679.

No provision

10-2) to apply mandatory behavioral remedies to authorities, local self-government bodies, administrative and economic management and control bodies (behavioral commitments)

680.

10) to provide mandatory recommendations to authorities, local self-government bodies, administrative and economic management and control bodies, undertakings, associations/groups on termination of actions or inaction that contain signs of violation of the legislation on the protection of economic competition, and elimination of the causes of such violations and conditions that facilitate them;

So far, no changes in this part

681.

11) to consider cases of administrative offenses, issue resolutions, and verify the legality and validity of resolutions issued by administrative boards of territorial branches of the

Antimonopoly Committee of Ukraine in these cases;

So far, no changes in this part

682.

12) to apply to the court with requests for information on cases considered by these courts in accordance with the legislation on the protection of economic competition.

So far, no changes in this part

683.

The permanent administrative board of the Antimonopoly Committee of Ukraine shall have the right to provide binding recommendations and make proposals to state authorities, local selfgovernment bodies, institutions, organizations, undertakings, and associations/groups on measures aimed at limiting monopoly, developing entrepreneurship and competition, preventing violations of legislation on the protection of economic competition and terminating actions or inactions that may have a negative impact on competition.

So far, no changes in this part

684.

The permanent administrative board of the Antimonopoly Committee of Ukraine shall exercise other powers in accordance with the legislation on the protection of economic competition

So far, no changes in this part

685.

The temporary administrative board of the Antimonopoly Committee of Ukraine shall be competent to review decisions made by the temporary administrative board of the Antimonopoly Committee of Ukraine, exercise powers provided for in clauses 1, 2, 5-10 and 12 of part one, part two of this Article, as well as exercise other powers in accordance with the legislation on the protection of economic competition.

The temporary administrative board of the Antimonopoly Committee of Ukraine shall be competent to review decisions made by the temporary administrative board of the Antimonopoly Committee of Ukraine, exercise powers provided for in clauses 1, 2, 5-10 and 12 of part one, part two of this Article, as well as exercise other powers in accordance with the legislation on the protection of economic competition.

686.

The administrative board of the territorial branch of the Antimonopoly Committee of Ukraine shall have the following powers:

The administrative board of the territorial office of the Antimonopoly Committee of Ukraine shall have the following powers:

687.

1) to consider applications and cases on violation of legislation on the protection of economic competition, on granting clearance, providing preliminary conclusions on concerted actions, conduct investigations or inspections on these applications and cases;

1) to consider applications and cases on violation of legislation on the protection of economic competition, on granting permission, providing preliminary conclusions on concerted actions, conduct investigations or research on these applications and cases;

688.

2) to issue orders and decisions provided for by the legislation on the protection of economic competition and to provide preliminary conclusions on concerted actions;

2) to issue orders and decisions provided for by the legislation on the protection of economic competition and to provide preliminary conclusions on concerted actions;

689.

3) to consider cases of administrative offenses and issue resolutions in these cases;

So far, no changes in this part

690.

4) to review decisions made by the administrative board of the territorial branch of the

Antimonopoly Committee of Ukraine;

So far, no changes in this part

691.

5) when considering applications and cases on violation of the legislation on the protection of economic competition, conducting inspections and in other cases provided for by law, to demand information, including restricted information, from undertakings, associations/groups, authorities, local self-government bodies, administrative and economic management and control bodies, their officials and employees, other individuals and legal entities;

So far, no changes in this part

692.

No provision

5-1)

to summon, in order to provide oral or written explanations in connection with performance of tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition, managers, officials, employees, representatives of undertakings, groups, authorities, local self-government bodies, bodies of administrative and economic management and control, other legal entities, their structural units, branches, representative offices, and any other natural persons who may possess information or documents that may be evidence of violations of the legislation on protection of economic competition;

693.

6) to arrange an expert review and appoint an expert from among persons who have the necessary knowledge to provide an expert opinion;

So far, no changes in this part

694.

7) to conduct market research, determine the boundaries of the commodity market, as well as the position, including monopoly (dominant) position, of undertakings in this market and make appropriate decisions (orders);

So far, no changes in this part

695.

8) to determine the presence or absence of control between undertakings or their parts and the composition of a group of undertakings that is a single undertaking;

So far, no changes in this part

696.

9) to make mandatory submissions to the executive authorities regarding the revocation of licenses and termination of foreign economic activity of undertakings in case of violation of the legislation on the protection of economic competition;

So far, no changes in this part

697.

No provision

9-1) to apply mandatory behavioral and/or structural remedies to undertakings and groups;

698.

No provision

10-2) to apply mandatory behavioral remedies to authorities, local self-government bodies, administrative and economic management and control bodies (behavioral commitments)

699.

10) to provide mandatory recommendations to authorities, local self-government bodies, administrative and economic management and control bodies, undertakings, associations/groups on termination of actions or inaction that contain signs of violation of the legislation on the protection of economic competition, and elimination of the causes of such violations and conditions that facilitate them;

So far, no changes in this part

700.

11) to apply to the court with requests for information on cases considered by these courts in accordance with the legislation on the protection of economic competition.

So far, no changes in this part

701.

The administrative board of the territorial branch of the Antimonopoly Committee of Ukraine

So far, no changes in this part

shall have the right to provide recommendations that are mandatory for consideration and to submit proposals to state authorities, local self-government bodies, institutions, organizations, undertakings, associations/groups on measures aimed at limiting monopoly, developing entrepreneurship and competition, preventing violations of legislation on the protection of economic competition, as well as on termination of actions or inaction that may have a negative impact on competition.

702.

The administrative board of the territorial branch of the Antimonopoly Committee of Ukraine shall exercise other powers in accordance with the legislation on the protection of economic competition.

So far, no changes in this part

703.

Article 15. Staff of the Antimonopoly Committee of Ukraine, its territorial branches 

So far, no changes in this part

704.

No provision

11) in instances and in the manner provided hereby, to demand oral or written explanations in connection with performance of tasks assigned by the legislation on protection of economic competition to the Antimonopoly Committee of Ukraine, its territorial office, managers, officials, employees, representatives of undertakings, groups, authorities, local self-government bodies, bodies of administrative and economic management and control, other legal entities, their structural units, branches, representative offices, and any other natural persons who may possess information or documents that may be evidence of violations of the legislation on protection of economic competition;

705.

No provision

12) to conduct surveys of undertakings, buyers, sellers, consumers in connection with the performance of tasks assigned by the legislation on protection of economic competition to the Antimonopoly Committee of 

Ukraine, its territorial office;

706.

Officials of the staff of the Antimonopoly Committee of Ukraine and its territorial branches may perform the following actions on behalf of the Chair of the Antimonopoly Committee of Ukraine, the State Commissioner or other body of the Antimonopoly Committee of Ukraine in order to fulfill the tasks specified in part one of this Article, namely to:

So far, no changes in this part

707.

1) conduct investigations into applications and cases of violation of legislation on the protection of economic competition, studies into applications and cases for authorization and

1) conduct investigations into applications and cases of violation of legislation on the protection of economic competition, studies into applications and cases for

preliminary conclusions regarding concerted actions, concentration of undertakings, and market research;

authorization and preliminary conclusions regarding concerted actions, concentration of undertakings, and market research;

708.

Article 16. Competence of the State Commissioner of the Antimonopoly Committee of 

Ukraine

So far, no changes in this part

709.

The State Commissioner of the Antimonopoly Committee of Ukraine shall have the following powers:

So far, no changes in this part

710.

1) to consider applications and cases on violation of legislation on the protection of economic competition, on granting clearance, providing preliminary conclusions on concerted actions, concentration, to issue orders to initiate consideration of the case or provide a reasoned response on refusal to consider the case, to conduct, organize investigations or studies on these applications and cases, to close proceedings in these cases regardless of the jurisdiction of other bodies of the Antimonopoly Committee of Ukraine, to submit, transfer them in the manner prescribed by the Antimonopoly Committee of Ukraine for the consideration by these bodies to make decision;

1) to consider applications and cases on violation of legislation on the protection of economic competition, on granting permission, providing preliminary conclusions on concerted actions, concentration, to issue orders to initiate consideration of the case or provide a reasoned response on refusal to consider the case, to conduct, organize investigations or studies on these applications and cases, to close proceedings in these cases regardless of the jurisdiction of other bodies of the Antimonopoly Committee of Ukraine, to submit, transfer them in the manner prescribed by the Antimonopoly Committee of Ukraine for the consideration by these bodies to make decision;

711.

2) to issue orders and decisions provided for by the legislation on the protection of economic competition and to provide preliminary conclusions on concerted actions;

2) to issue orders and decisions provided for by the legislation on the protection of economic competition and to provide preliminary conclusions on concerted actions;

712.

7) to call officials and employees of undertakings, associations/groups, authorities, local selfgovernment bodies, administrative and economic management and control bodies, other legal entities, their structural subdivisions, branches, representative offices, as well as individuals to provide explanations when considering applications and cases on violation of legislation on the protection of economic competition;

7) to summon, in order to provide oral or written explanations in connection with performance of tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition, managers, officials, employees, representatives of undertakings, groups, authorities, local selfgovernment bodies, bodies of administrative and economic management and control, other legal entities, their structural units, branches, representative offices, and any other natural persons who may possess information or documents that may be evidence of violations of the legislation on protection of economic competition;

713.

No provision

8-2) to conduct surveys of undertakings, buyers, sellers, consumers in connection with the performance of tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition;

714.

14) to determine the presence or absence of control or coordination of actions between undertakings or their parts and the composition of a group of undertakings that is a single undertaking;

14) to determine the presence or absence of control or coordination of actions between undertakings or their parts and the composition of a group of undertakings that is a single undertaking;

715.

Article 17. Competence of the Head of the territorial branch of the Antimonopoly 

Committee of Ukraine

So far, no changes in this part

716.

The Head of the territorial branch of the Antimonopoly Committee of Ukraine shall have the following powers:

So far, no changes in this part

717.

1) to conduct, organize investigations on applications for violation of the legislation on the protection of economic competition, studies on applications for clearances, preliminary conclusions on concerted actions, which are within the competence of the administrative boards of the territorial branch, and on behalf of the Chair or bodies of the Antimonopoly Committee of Ukraine — investigations on applications and cases of violation of the legislation on the protection of economic competition, studies on applications and cases for clearances for concerted actions, concentration, which are within the competence of these bodies;

1) to conduct, organize investigations on applications for violation of the legislation on the protection of economic competition, studies on applications for permits, preliminary conclusions on concerted actions, which are within the competence of the administrative boards of the territorial office, and on behalf of the Chairman or bodies of the Antimonopoly Committee of Ukraine — investigations on applications and cases of violation of the legislation on the protection of economic competition, studies on applications and cases for permits for concerted actions, concentration, which are within the competence of these bodies;

718.

6) to call officials and employees of undertakings, associations/groups, authorities, local selfgovernment bodies, administrative and economic management and control bodies, other legal entities, their structural subdivisions, branches, representative offices, as well as individuals to provide explanations when considering applications and cases on violation of legislation on the protection of economic competition;

6) to summon, in order to provide oral or written explanations in connection with performance of tasks assigned to the Antimonopoly Committee of Ukraine by the legislation on protection of economic competition, managers, officials, employees, representatives of undertakings, groups, authorities, local self-government bodies, bodies of administrative and economic management and control, other legal entities, their structural units, branches, representative offices, and any other natural persons who may possess information or documents that may be evidence of violations of the legislation on protection of economic competition;

719.

No provision

19-2) to conduct surveys of undertakings, buyers, sellers, consumers in connection with the performance of tasks assigned by the legislation on protection of economic competition to the Antimonopoly Committee of Ukraine, its territorial office;

720.

Article 19. Guarantees for the Exercise of Powers of the Antimonopoly Committee of 

Ukraine

So far, no changes in this part

721.

When considering applications and cases on concerted actions, concentration, violation of legislation on the protection of economic competition, including during investigation, research, issuance of orders, decisions on applications and cases, exercise of other powers regarding control over compliance with legislation on the protection of economic competition, control over concerted actions, concentration, bodies and officials of the Antimonopoly Committee of Ukraine and its territorial branches shall be guided only by the legislation on the protection of economic competition and shall be independent of state authorities, local self-government bodies, their officials, and undertakings, as well as political parties and other associations of citizens or their bodies

When considering applications and cases on concerted actions, concentration, violation of legislation on the protection of economic competition, including during investigation, research, issuance of orders, decisions on applications and cases, exercise of other powers regarding control over compliance with legislation on the protection of economic competition, control over concerted actions, concentration, bodies and officials of the Antimonopoly Committee of Ukraine and its territorial offices shall be guided only by the legislation on the protection of economic competition and shall be independent of state authorities, local selfgovernment bodies, their officials, and undertakings, as well as political parties and other associations of citizens or their bodies.

722.

Article 22- 1 . Duty to Provide Information

Article 22-1. Duty to Provide Information

723.

Undertakings, associations/groups, state authorities, local self-government bodies, administrative and economic management and control bodies, other legal entities, their structural subdivisions, branches, representative offices, their officials and employees, individuals shall, at the request of the body of the Antimonopoly Committee of Ukraine, the Head of the territorial branch of the Antimonopoly Committee of Ukraine, their authorized employees of the Antimonopoly Committee of Ukraine, its territorial branch, submit documents, items or other data carriers, explanations, other information, including with limited access, banking, notarial secrecy, tax, statistical reporting, regardless of its location, which is in their possession and/or use or available to them, necessary for the Antimonopoly Committee of Ukraine, its territorial branches to fulfill the tasks provided for by the legislation on the protection of economic competition and on state aid to undertakings. Information constituting banking secrecy shall be provided in the manner and to the extent specified by the Law of Ukraine "On Banks and Banking".

Undertakings, groups, state authorities, local self-government bodies, administrative and economic management and control bodies, other legal entities, their structural subdivisions, branches, representative offices, their officials and employees, individuals shall, at the request of the body of the Antimonopoly Committee of Ukraine, the chairman of the territorial office of the Antimonopoly Committee of Ukraine, their authorized employees of the Antimonopoly Committee of Ukraine, its territorial office, submit documents, items or other data carriers, written or oral explanations, other information, including with limited access, banking, notarial secrecy, tax, statistical reporting, regardless of its location, which is in their possession and/or use or available to them, necessary for the Antimonopoly Committee of Ukraine, its territorial offices to fulfill the tasks provided for by the legislation on the protection of economic competition and on state aid to undertakings. Information constituting banking secrecy shall be provided in the manner and to the extent specified by the Law of Ukraine "On Banks and Banking”.

724.

Documents, statistical, and other information required to perform the tasks stipulated by the legislation on the protection of economic competition and on state aid to undertakings shall be provided free of charge at the request of the body of the Antimonopoly Committee of Ukraine, the Head of the territorial branch of the Antimonopoly Committee of Ukraine, their authorized employees of the Antimonopoly Committee of Ukraine, its territorial branch. The requirements of the body of the Antimonopoly Committee of Ukraine, the Head of the territorial branch of the Antimonopoly Committee of Ukraine may involve both one-time and

So far, no changes in this part

periodic provision of information.

725.

If the information required to be provided by the body of the Antimonopoly Committee of Ukraine, the Head of the territorial branch of the Antimonopoly Committee of Ukraine, the employees of the Antimonopoly Committee of Ukraine, its territorial branch authorized by them in connection with the research of the commodity market, which is conducted outside the scope of consideration of applications and cases of violation of protection legislation of economic competition, was already provided during the twelve months preceding the date of receipt of such a request, to anybody of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine or the employees of the Antimonopoly Committee of Ukraine, its territorial branch authorized by them and has not undergone any changes since that time, the person , from which such information is requested, has the right not to provide it again, by notifying the body of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine, the employees of the Antimonopoly Committee of Ukraine, its territorial branch authorized by them, who requested to provide the information, in writing, stating : the list of information that is not provided, the details of the letter and the name of the body of the Antimonopoly Committee of Ukraine, the surname, first name and patronymic (if available) of the head of the territorial branch of the Antimonopoly Committee of Ukraine or employees authorized by them of the Antimonopoly Committee of Ukraine, its territorial branch, which sent the information, what is required.

So far, no changes in this part

726.

The bodies of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine or the employees of the Antimonopoly Committee of Ukraine, its territorial branch authorized by them, in order to fulfil the tasks provided for by the legislation on the protection of economic competition, in the cases and according to the procedure specified by law, receive information from automated information and reference systems , registers and data banks (databases), other information collection, storage, processing and retrieval systems and/or direct access to them, the holder (administrator) of which are state authorities or local self-government bodies, including information with limited access, if otherwise not provided by law. The processing of the received information is carried out by the bodies of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine personally or by employees of the Antimonopoly Committee of Ukraine, its territorial branch authorized by them in compliance with the

So far, no changes in this part

legislation on the protection of personal data and ensuring confidentiality protected by law.

727.

Access to automated registers, data banks (databases), other information collection, storage, processing and retrieval systems, information is provided to the bodies of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine personally or employees of the Antimonopoly Committee of Ukraine, its territorial branch authorized by them on a free basis and is carried out using the System of electronic interaction provided for by the Law of Ukraine "On Public Electronic Registers", and in the absence of technical possibilities for such interaction - on the basis of contracts concluded with the holders (administrators) of the relevant systems, registers, data banks (databases), other collection systems , storage, processing and retrieval of information".

So far, no changes in this part

728.

Restricted information obtained by the Antimonopoly Committee of Ukraine and its territorial branches in the course of exercising their powers shall be used by them solely for the purpose of ensuring the fulfillment of the tasks set forth in the legislation on the protection of economic competition and shall not be subject to disclosure and publication, except in the cases of:

So far, no changes in this part

729.

1) providing information to investigative and court authorities in accordance with the law;

So far, no changes in this part

730.

2) failure to comply with the requirements set forth in part two of Article 6 of the Law of

Ukraine "On Access to Public Information";

So far, no changes in this part

731.

No provision

3)  exchange of information with competent authorities of other countries, the European Commission in the event of the removal of the status of information with restricted access by the person who provided such information to the Antimonopoly Committee of Ukraine, within the framework of international cooperation;

732.

3) other cases established by law.

4) other cases established by law.

733

A person who provides information as restricted information must indicate what information is restricted, including which documents or parts of documents contain restricted information.

So far, no changes in this part

734.

In order to ensure the right of a person to confidentiality of information in cases provided for in clauses 2 and 3 of part six of this Article, the Antimonopoly Committee of Ukraine, its

So far, no changes in this part

territorial branches shall hold consultations with such persons in order to clarify the grounds for classifying information as restricted information and the possibility of withdrawal of such status from the information provided by the person, and/or provision by the person within the time limit established by the Antimonopoly Committee of Ukraine, its territorial branch of a non-confidential version of documents or other information, in particular with excluded, blacked out or otherwise changed information, which ensures its sufficient protection and achievement of the goals provided for in clauses 2 and 3 of part six of this Article, and/or finding out the damage that may be caused to a person by the disclosure of such information.

735.

Employees of the Antimonopoly Committee of Ukraine and its territorial branches shall be liable for disclosure of trade secrets in accordance with the law.

So far, no changes in this part

736.

Oral requirements of the State Commissioner of the Antimonopoly Committee of Ukraine, the Head of the territorial branch of the Antimonopoly Committee of Ukraine, their authorized employees of the Antimonopoly Committee of Ukraine, its territorial branch, explanations of persons and other actions taken to meet these oral requirements shall be recorded. The record shall also indicate the date and place of its preparation, the names of the State Commissioner of the Antimonopoly Committee of Ukraine, the Head of the territorial branch of the Antimonopoly Committee of Ukraine, their authorized employees of the Antimonopoly Committee of Ukraine, its territorial branch, specifying their positions, names of persons providing explanations.

To be removed

737.

The record shall be signed by the Chair of the collegial body of the Antimonopoly Committee of Ukraine, the State Commissioner of the Antimonopoly Committee of Ukraine, the Head of the territorial branch, an authorized employee of the Antimonopoly Committee of Ukraine, its territorial branch, and the persons to whom the oral requirements were addressed. The refusal of persons who were orally requested to sign the record shall be noted in the record. The person shall have the right to provide explanations and comments on the content of the record, which are attached to the record, as well as to state the reasons for his/her refusal to sign it.

To be removed

738.

Article 22- 2 . Cooperation of the Antimonopoly Committee of Ukraine with the 

Competent Authorities of Other Countries

Article 22-2. Cooperation of the Antimonopoly Committee of Ukraine with the

Competent Authorities of Other Countries

739.

The Antimonopoly Committee of Ukraine shall cooperate with the competent authorities of other states, in particular through the exchange of information, on the basis of international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine.

In order to implement the powers provided for in Article 7 of this Law, the Antimonopoly Committee of Ukraine shall cooperate with competent authorities: 

of other countries, the European Commission through the exchange of information with restricted access, including during mutual assistance in the implementation of control over concentrations of undertakings, in conducting investigations into violations of the legislation on protection of economic competition, in exercising other powers provided for in Article 7 of this Law, - on the basis of international treaties of Ukraine, binding consent to which has been granted by the Verkhovna Rada of Ukraine;

with competent authorities of other countries through exchanging information that is not information with restricted access, including during mutual assistance in the implementation of control over concentrations of undertakings and the exercise of other powers provided for in Article 7 of this Law, 

on the basis of multilateral and bilateral international treaties of Ukraine of an inter-agency nature. 

740.

No provision

International treaties of Ukraine of an inter-agency nature on matters that fall under the authority of the Antimonopoly Committee of Ukraine shall be concluded in the name of the Antimonopoly Committee of Ukraine.

741

The Antimonopoly Committee of Ukraine may provide to and receive from the competent authorities of other states information, including restricted information

The Antimonopoly Committee of Ukraine may provide to and receive from competent authorities of other countries, the European Commission information, including restricted information.

742.

Information may be provided to the competent authorities of other states only if:

Restricted information may be provided to competent authorities of other countries, the European Commission only if an international treaty contains provisions to 

the effect that:

743.

the information is used by the competition authority solely to fulfill its statutory tasks;

- the information is used by the competition authority, the European Commission solely to fulfill the tasks assigned to them in accordance with the legislation of the relevant competition agency, the European Commission for the protection of economic competition;

744.

the relevant competition authority may ensure that access to information is provided in a manner that does not result in disclosure of information for other purposes or dissemination in any way, including through unauthorized access.

- the relevant competition authority, the European Commission can ensure that access to information is provided in a manner that does not result in disclosure of information for other purposes or dissemination in any way, including through unauthorized access;

745

No provision

- the relevant competition agency, the European Commission will provide assistance to the Antimonopoly Committee of Ukraine similar to that which the Antimonopoly Committee of Ukraine can provide to another competition agency, the European Commission, on the basis of reciprocity;

746.

No provision

- the relevant competition agency, the European Commission guarantees that it is subject to legislation that protects the confidentiality of information in the same way as the effective legislation of Ukraine;

747.

No provision

- provision of information will be carried out at the discretion of the parties to the treaty, it is not the obligation of the Antimonopoly Committee of Ukraine or the relevant competition agency or the European Commission, the provision of information may be refused, in particular, if the provision of information requires excessive resources or is contrary to the interests of the state and society.

748.

Article 23- 1 . Hearings in Cases of granting clearance for Concerted Actions, 

Concentration, and Violations of Legislation on the Protection of Economic Competition

Article 23^-1. Hearings in Cases of granting clearance for Concentration, and

Violations of Legislation on the Protection of Economic Competition

749.

The bodies of the Antimonopoly Committee of Ukraine that consider a case on granting a clearance for concerted actions, concentration, violation of legislation on the protection of economic competition, including unfair competition, may hold hearings in the case before making a decision on the merits.

The bodies of the Antimonopoly Committee of Ukraine that consider a case on granting clearance for concerted actions, concentration and on violation of legislation on the protection of economic competition, including unfair competition, may hold hearings in the case before making a decision on the merits.

750.

Hearings are held at the request of the parties in the case, as well as at the own initiative of the body of the Antimonopoly Committee of Ukraine and at the request of the Chair of the Antimonopoly Committee of Ukraine.

So far, no changes in this part

751.

The body of the Antimonopoly Committee of Ukraine shall involve the persons participating in the case in the hearing to provide explanations, arguments and other considerations necessary to establish the facts of the case.

So far, no changes in this part

752.

Employees of the Antimonopoly Committee of Ukraine and its territorial branches shall participate in the hearing, and experts shall be involved if necessary.

So far, no changes in this part

753.

Other persons may be involved in the hearing if the applicant, and in cases of violation of the legislation on the protection of economic competition - the applicant and the defendant do not raise any reasonable objections thereto.

So far, no changes in this part

754.

The hearing in the case is recorded. The protocol of the hearing, which reflects the progress of consideration of issues, is drawn up within three working days from the day of the hearing.

So far, no changes in this part

755.

If there is a technical possibility, the hearing process can be recorded using technical means, which the participants of the hearing are informed about. In case of audio or video recording of the hearing process, the corresponding record is added to the hearing protocol and is an integral part of it.

So far, no changes in this part

756

Persons participating in the case have the right to familiarize themselves with the protocol of the hearing and receive a copy of it, as well as to provide the body of the Antimonopoly Committee of Ukraine with clarifications, objections, explanations, and comments to the protocol of the hearing.

So far, no changes in this part

757.

Information, documents and things provided and received during the hearing are attached to the case on granting clearance for concerted actions, concentration and violation of the legislation on the protection of economic competition.

Information, documents and things provided and received during the hearing are attached to the case on granting clearance for concerted actions, concentration and on violation of the legislation on the protection of economic competition.

758.

The Antimonopoly Committee of Ukraine may, on its own initiative or at the request of the persons participating in the proceedings, hold a fully or partially closed hearing in the case, if an open hearing may harm the interests of the state, persons participating in the proceedings

So far, no changes in this part

and other persons or prevent further consideration of the case.

759.

The procedure for conducting a hearing in a case shall be determined by the Antimonopoly Committee of Ukraine in accordance with this Law and other statutory instruments on the protection of economic competition.

So far, no changes in this part

760.

Article 24- 1 . Openness and transparency of the Antimonopoly Committee of Ukraine

Article 24^-1. Openness and transparency of the Antimonopoly Committee of Ukraine

761.

The publication of decisions, recommendations, preliminary decisions, information on pending cases of violations of the legislation on the protection of economic competition, information on concentration cases, concerted actions is carried out in accordance with the requirements of the Law of Ukraine "On the Protection of Economic Competition".

3. The publication of decisions, recommendations, preliminary decisions, information on pending cases of violations of the legislation on the protection of economic competition, information on cases on concentration, concerted actions is carried out in accordance with the requirements of the Law of Ukraine "On the Protection of Economic Competition".

762.

Article 25. Legal Recourse

Article 25. Legal Recourse

763

In order to protect the interests of the state, consumers, and undertakings, the Antimonopoly Committee of Ukraine, territorial branches of the Antimonopoly Committee of Ukraine shall submit applications, claims and complaints to the court due to violation of legislation on the protection of economic competition by authorities, legal entities or individuals, namely:

No changes

764.

to invalidate regulations and other acts, including decisions, orders, instructions, and resolutions, etc., of authorities, local self-government bodies, administrative and economic management and control bodies, or terminate the agreement in case of failure to comply with the decisions of the Antimonopoly Committee of Ukraine to cancel or amend acts adopted by authorities, local selfgovernment bodies, administrative and economic management and control bodies or to terminate the agreement within the established time limits;

No changes

765.

recovery of unpaid penalty in a voluntary manner;

No changes

766.

to terminate violations of the legislation on the protection of economic competition;

No changes

767.

to oblige to fulfill the decisions of the Antimonopoly Committee of Ukraine;

No changes

768.

to freely withdraw goods with illegally used marks and (or) copies of products of another undertaking;

No changes

769.

No provision

recognition of transactions as invalid in cases provided for by the legislation on protection of economic competition;

770.

issuance of permission to carry out inspections, including:

No changes

771.

1) unhindered access to the premises of enterprises, institutions and organizations and to places of information storage;

No changes

772.

2) copying and/or receiving copies of such information;

No changes

773.

3) seizure or confiscation of objects or other carriers of information, documents, including their originals;

No changes

774.

4) sealing premises, electronic communications systems or information storage places;

No changes

775.

5) conducting an inspection of the premises and other possessions of undertakings, associations, authorities, local self-government bodies, administrative and economic management and control bodies that are being inspected;

No changes

776.

on other grounds provided for by law.

No changes

777.

Article 28. Financing and Logistical Support of the Antimonopoly Committee of Ukraine

Article 28. Financing and Logistical Support of the Antimonopoly Committee of

Ukraine

778.

Fees collected to reimburse expenses related to consideration of applications for clearances for concerted actions, concentration of undertakings, and conclusions shall be credited to the revenues of the special fund of the state budget on a special account, shall not be subject to withdrawal and shall be used for the intended purpose to finance the activities of the Antimonopoly Committee of Ukraine and its territorial branches, in particular, for material and technical, including transport support, creation and development of the information and analytical base, publication of printed materials of the Antimonopoly Committee of Ukraine, training, retraining, advanced training and social welfare of employees of the Antimonopoly Committee of Ukraine and its territorial branches.

Fees collected to reimburse expenses related to consideration of applications for permits for concerted actions, concentration of undertakings, and conclusions shall be credited to the revenues of the special fund of the state budget on a special account, shall not be subject to withdrawal and shall be used for the intended purpose to finance the activities of the Antimonopoly Committee of Ukraine and its territorial offices, in particular, for material and technical, including transport support, creation and development of the information and analytical base, publication of printed materials of the Antimonopoly Committee of Ukraine, training, retraining, advanced training and social welfare of employees of the Antimonopoly Committee of Ukraine and its territorial offices.

Article 28. Time Limit for Filing an Application for Protection of Rights

Article 28. Time Limit for Filing an Application for Protection of Rights

Persons whose rights have been violated by actions defined by this Law as unfair competition may, within six months from the date they learned or should have learned of the violation of their rights, apply to the Antimonopoly Committee of Ukraine and its territorial offices for protection of their rights.

Persons whose rights have been violated by actions defined by this Law as unfair competition may, within six months from the date they became aware or should have become aware of the violation of their rights, apply to the Antimonopoly Committee of Ukraine and its territorial offices for protection of their rights.

The expiration of the deadline for filing an application is a ground for refusal to accept the application, unless the body of the Antimonopoly Committee of Ukraine recognizes the reasons for missing the deadline for filing an application as valid.

The expiration of the deadline for filing an application is a ground for refusal to accept the application, unless the body of the Antimonopoly Committee of Ukraine recognizes the reasons for missing the deadline for filing an application as valid.

No provision

An application, upon which the Antimonopoly Committee of Ukraine has initiated consideration of an unfair competition case, may not be withdrawn.

Article 30. Decisions of the bodies of the Antimonopoly Committee of Ukraine

Article 30. Decisions of the bodies of the Antimonopoly Committee of Ukraine

The bodies of the Antimonopoly Committee of Ukraine in cases of unfair competition make binding decisions on:

The bodies of the Antimonopoly Committee of Ukraine in cases of unfair competition make binding decisions on:

recognition of the fact of unfair competition;

recognition of the fact of unfair competition;

stopping unfair competition;

stopping unfair competition;

official refutation at the expense of the violator of the false, inaccurate or incomplete information disseminated by him;

official refutation at the expense of the violator of the false, inaccurate or incomplete information disseminated by him;

imposing fines;

imposing fines;

closing the proceedings in the case.

closing the proceedings in the case.

The bodies of the Antimonopoly Committee of Ukraine shall publish decisions on the results of consideration of unfair competition cases on the official website of the Antimonopoly Committee of Ukraine within 10 working days from the date of their adoption. The decision is subject to publication in full, except for the information defined as restricted information. Restricted information shall be excluded or blacked out or changed in any other way that ensures its sufficient protection and sufficient transparency regarding the justification of the decision by the body of the Antimonopoly Committee of Ukraine.

The bodies of the Antimonopoly Committee of Ukraine shall publish decisions on the results of consideration of unfair competition cases on the official website of the Antimonopoly Committee of Ukraine within 10 working days from the date of their adoption. The decision is subject to publication in full, except for the information defined as restricted information. Restricted information shall be excluded or blacked out or changed in any other way that ensures its sufficient protection and sufficient transparency regarding the justification of the decision by the body of the Antimonopoly Committee of Ukraine.

If the applicant submits a request to withdraw the application for protection of its rights, the Antimonopoly Committee of Ukraine may decide to close the proceedings.

To be excluded

Changes to the CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES

Article 38. Time limits for imposing an administrative penalty

Article 38. Time limits for imposing an administrative penalty

An administrative penalty may be imposed no later than two months from the date of commission of the offense, and in case of a continuing offense - no later than two months from the date of its detection, except in cases where cases of administrative offenses under this Code are under the jurisdiction of a court (judge).

An administrative penalty may be imposed no later than two months from the date of commission of the offense, and in case of a continuing offense - no later than two months from the date of its detection, except in cases where cases of administrative offenses under this Code are under the jurisdiction of a court (judge).

If cases of administrative offenses in accordance with this Code or other laws are under the jurisdiction of a court (judge), a penalty may be imposed no later than three months from the date of commission of the offense, and in case of a continuing offense - no later than three months from the date of its detection, except for cases of administrative offenses referred to in parts three to six of this Article.

If cases of administrative offenses in accordance with this Code or other laws are under the jurisdiction of a court (judge), a penalty may be imposed no later than three months from the date of commission of the offense, and in case of a continuing offense - no later than three months from the date of its detection, except for cases of administrative offenses referred to in parts three to eight of this Article.

........

None

……

Administrative penalty for committing an offense under Article 166-3 of this Code may be imposed within one year from the date of its detection, but not later than 5 years from the date of its commission.

Administrative penalty for committing an offense under Article 166-4 of this Code may be imposed within one year from the date of its detection, but not later than 3 years from the date of its commission.

Article 164-3 . Unfair competition 

To be excluded

Illegal copying of the form, packaging, external design, as well as imitation, copying, direct reproduction of the goods of another entrepreneur, unauthorized use of his name

shall be punishable by a fine of thirty to forty-four tax-free minimum incomes with or without confiscation of manufactured products, tools and raw materials.

Intentional dissemination of false or inaccurate information that may harm the business reputation or property interests of another entrepreneur entails a fine of five to nine tax-free minimum incomes.

To be excluded

Obtaining, using, or disclosing trade secrets and other confidential information with the intent to harm the business reputation or property of another entrepreneur shall be punishable by a fine of nine to eighteen tax-free minimum incomes.

Article 166-1. Abuse of a monopoly position in the market

To be excluded

Imposing contractual terms that put the counterparties in an unequal position, or additional terms that are not related to the subject matter of the contract, including imposing goods that are not needed by the counterparty, limiting or terminating production, as well as withdrawing goods from circulation in order to create or maintain a shortage in the market or establish monopoly prices, partial or complete refusal to sell or purchase goods in the absence of alternative sources of supply or sales in order to create or maintain a shortage in the market or establish monopoly prices

entail the imposition of a fine on managers (loan managers) of enterprises (associations, undertakings, etc.) in the amount of up to fifteen tax-free minimum incomes, and on persons engaged in entrepreneurial activities - up to thirty tax-free minimum incomes.

To be excluded

Article 166-2 . Illegal agreements between entrepreneurs

To be excluded