The main task of the AMCU is to participate in the formation and implementation of competition policy with regard to:
1. Implementation of state control over compliance with the legislation on protection of economic competition on the basis of equality of economic entities before the law and the priority of consumer rights, 2. Prevention, detection and termination of violations of legislation on protection of economic competition.
2. Merger control, control over concerted actions of economic entities and regulation of prices (tariffs) for goods produced (sold) by entities of natural monopolies.
3. Promotion of development of fair competition.
4. Methodological support for the application of legislation on protection of economic competition (according to Article 3 as amended by the Laws of Ukraine as of 13.07.2000 № 1907-III, of 20.11.2003 № 1294-IV).
5. Control over the creation of a competitive environment and protection of competition in the field of public procurement.
In the field of control over the compliance with the legislation on protection of economic competition, the Antimonopoly Committee of Ukraine has the following powers:
1. To consider applications and cases regarding the violation of the legislation on protection of economic competition and to conduct investigations on these applications and cases.
2. To adopt decrees and decisions on applications and cases provided by the legislation on protection of economic competition, to check and review decisions in cases, to provide conclusions on the qualification of actions in accordance with the legislation on protection of economic competition.
3. To consider cases on administrative violations, to make resolutions and to check their legality and validity.
4. To inspect economic entities, associations, authorities, local self-governments, administrative economic management and control bodies for compliance with the requirements of the legislation on protection of economic competition and during investigations of applications and cases of violations of the legislation on protection of economic competition.
5. When considering applications and cases of violation of the legislation on protection of economic competition, while conducting inspections and in other instances provided by law, to request information (including information with limited access) from economic entities, associations, authorities, local self-governments, administrative economic management and control bodies, their officials and employees, other individuals and legal entities.
6. To designate an examination and to assign an expert from among persons with the necessary knowledge to give an expert opinion.
7. In instances and in manner prescribed by the law, to inspect the office premises and vehicles of economic entities/legal entities, to impound or to seize objects, documents or other media that may be an evidence or a source of evidence in the case, regardless of their location.
8. In the event that employees of the Antimonopoly Committee of Ukraine are prevented from exercising the powers provided for in paragraphs 4, 5 and 7 of this Part, to involve internal affairs agencies employees to implement the measures provided for by law to overcome the obstacles.
9. To involve employees of internal affairs agencies, customs and other law enforcement agencies to ensure the consideration of the case of violation of the legislation on protection of economic competition, in particular during an investigation.
10. To involve experts of public authorities, local self-governments, enterprises, institutions, organizations (in coordination with their heads), members of local councils (with their consent) in carrying out inspections.
11. To conduct market research, to determine the boundaries of the commodity market, as well as the position, including monopoly (dominant) position of economic entities in this market and make appropriate decisions (decrees).
12. To determine the existence or absence of control between economic entities or parts thereof and the composition of the group of economic entities which is the sole economic entity.
13. To submit to the executive authorities and bodies of local self-government binding submissions for the cancellation of licences and the termination of operations related to the foreign economic activities of economic entities, should they committed the violation of the law on the protection of economic competition.
14. To provide the authorities, local self-governments, administrative and economic management and control bodies, economic entities and associations, with binding recommendations for termination of actions or inaction containing signs of violations of legislation on protection of economic competition and elimination of causes of these violations and the conditions that contribute to them.
15. To submit to the court claims, applications and complaints concerning the application of the law on the protection of economic competition, as well as requests for information regarding court cases, considered by these courts under the legislation on protection of economic competition.
16. To seek and to receive from other states` competent authorities an information which is necessary for the exercise of its powers.
17. In certain cases to provide the competent authorities of other states with information according to procedure prescribed by the law.
18. To exercise the powers provided for in the Law of Ukraine «On Public Procurement».
In the field of control over concerted action and merger the Antimonopoly Committee of Ukraine has the following powers:
1. To consider applications and cases on permit granting, to provide conclusions, to give preliminary conclusions on concerted action and mergers, to carry out studies on these applications and cases.
2. To adopt orders and decisions under the legislation on protection of economic competition on applications and cases regarding permit granting for concerted action and mergers, to give conclusions, preliminary conclusions on concerted action, conclusions on the qualification of actions in accordance with legislation on the protection of economic competition.
3. To review and to check the decisions of bodies of the Antimonopoly Committee of Ukraine, adopted within their competence.
4. To authorise or to prohibit concerted actions and mergers.
5. When considering applications and cases concerning violations of the legislation on protection of economic competition, conducting verifications and in other cases provided for by the law, to require from economic entities, associations, bodies of state power, bodies of local self-government, bodies of administrative and economic government and control, their officials and employees, other natural persons and legal entities to provide information (including restricted-access information).
6. To exercise the powers provided for in paragraphs 6, 11, 12, 15 and 16 of part one of this article.
7. To exercise other powers provided for in the legislation on the protection of economic competition.
In the field of formation and implementation of competition policy, promotion of competition, regulatory and methodological support for the activities of the Antimonopoly Committee of Ukraine and the application of legislation on the protection of economic competition, the Antimonopoly Committee of Ukraine has the following powers:
1. To require from economic entities, associations, bodies of state power, bodies of local self-government, bodies of administrative and economic government and control, their officials and employees, an information (including restricted-access information), necessary for market research, as well as information on the implementation of competition policy.
2. To summarise and analyse information about implementation of regulations under the legislation on protection of economic competition concerning competition policy priorities.
3. To participate in development and submit to the President of Ukraine and the Cabinet of Ministers of Ukraine proposals on laws and other regulatory and legal acts regulating the development of competition, competition policy and demonopolization of the economy, to approve draft regulations of the President of Ukraine, the Cabinet of Ministers of Ukraine, central and local executive bodies, local self-government bodies, administrative and economic management and control bodies which may affect competition.
4. To exercise the powers provided for in paragraphs 6, 11, 12 and 15 of part one of this article.
5. To give binding recommendations and submit to state authorities, local self-government bodies, institutions, organizations, business entities and associations the proposals for implementation of measures aimed at limiting monopoly, developing entrepreneurship and competition, preventing violations of the legislation on the protection of economic competition, as well as cessation of actions or inactivity that may have a negative impact on competition.
6.To interact with state authorities, local self-government bodies, administrative and economic management and control bodies, enterprises, institutions and organizations on development, support, protection of economic competition and demonopolization of the economy.
7. To summarise the practice of applying the legislation on the protection of economic competition, to submit proposals for its improvement to the relevant state authorities.
8. To develop and to organize the implementation of measures aimed at prevention violations of legislation on protection of economic competition.
9. To participate in the development and submission to the President of Ukraine and the Cabinet of Ministers of Ukraine of proposals on draft regulations on competition policy, development and protection of competition and demonopolization of the economy.
10. Jointly with other interested state authorities, to develop and to approve inter-ministerial normative legal acts on the development and protection of economic competition and demonopolization of the economy.
11. To adopt its own normative legal acts in the form of orders on matters within its competence, in particular on control over concerted actions, mergers, jurisdiction and consideration of applications and cases of concerted actions, concentration, violation of legislation on protection of economic competition, as well as organization of activities of the bodies of the Antimonopoly Committee of Ukraine.
12. To conduct official interpretation of its own normative acts.
13. To provide advisory explanations on the application of legislation on protection of economic competition.
14. To submit proposals to the President of Ukraine, the Cabinet of Ministers of Ukraine, the National Bank of Ukraine, as well as injunctions to state authorities and local self-governments` bodies to amend their adopted normative acts that do not comply with legislation on protection of economic competition, or those that due to their ambiguous understanding are resulting in creation of barriers to competition.
15. To form administrative boards of the Antimonopoly Committee of Ukraine.
16. To form regional offices and advisory bodies of the Antimonopoly Committee of Ukraine.
17. To participate in the development and implementation of international projects and programs and to cooperate with international organizations, state bodies and non-governmental organizations of other states on issues relevant to the competence of the Antimonopoly Committee of Ukraine.
18. To issue its own press, official publications (compendiums) of legislation on the protection of economic competition, and to maintain an Internet home page.
19. To exercise other powers provided by the legislation on the protection of economic competition and the Law of Ukraine «On Public Procurement».
The exercise by other state authorities of the powers of the Antimonopoly Committee of Ukraine provided for in paragraphs 1-4 and 11 of part one, paragraphs 1, 2 and 4 of part two, paragraphs 11-13, 15 and 16 of part three of this article is not permitted (Article 7 as amended by the Law of Ukraine on Protection of Economic Competition as of 13.07.2000 № 1907-III, as amended in accordance with the Law of Ukraine as of 15.05.2003 № 762-IV, as amended by the Law of Ukraine as of 20.11.2003 N 1294-IV).