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About Us

ANTIMONOPOLY COMMITTEE OF UKRAINE, AS IT IS

The Antimonopoly Committee of Ukraine is a government body assigned to ensure enforcement of compliance with the antimonopoly laws, protection of interests of entrepreneurs and consumers against any non-compliance with said laws.

On the Committee are Chairman and ten public officials.

Persons on the current Committee have been appointed by the Supreme Rada of Ukraine for the term of 7 years.

Pursuant to the Constitution of Ukraine, Chairman of the Committee is appointed by the President of Ukraine subject to the approval of the Supreme Rada of Ukraine.

Any public official of the Antimonopoly Committee of Ukraine is deemed independent as to exercising powers granted to him/her to enforce compliance with the antimonopoly laws and during consideration of any violations of said laws.

Seat of the Committee is city of Kyiv: 8, Lvovska Square.

In addition, regional offices of the Antimonopoly Committee of Ukraine were set up in the Autonomous Republic of Crimea, regions, Kiev, and Sevastopol.

The Committee along with its regional offices constitute the system of bodies of the Antimonopoly Committee of Ukraine.

The Committee was established in several stages. The first stage commenced by adoption in February 1992 of the Law of Ukraine "On Monopolism Restriction and Debarment of Unfair Competition in the Entrepreneurial Activity." On October 1, 1992, Chairman of the Committee was appointed; and adoption on November 26, 1993, of the Law of Ukraine "On the Antimonopoly Committee of Ukraine" and appointment in December of the same year of Committee public officials marked the commencement of its full-scale operation as a collegial body. Thus, the very date (November 26, 1993) is deemed the official date of establishment of the Committee.

With the lapse of time, in 1994-1995, when the regional office network was established, formation of the Committee body system was considered completed.

Pursuant to the Law of Ukraine "On the Antimonopoly Committee," the Committee's main objectives are as follows:

• government enforcement of compliance with the antimonopoly laws;
• within its authorities, protection of legal interests of entrepreneurs and consumers by way of implementation of acts and actions as to prevention and discontinuation of antimonopoly law violations, imposition of penalties for antimonopoly law violations;
• fair competition promotion in all sectors of economy.

The Committee shall enforce compliance of subjects of the economic activity, as well as by government, local self-government, administrative, and controlling bodies with the antimonopoly laws, in particular, upon creation, reorganization, liquidation of subjects of the economic activity, as well as in any other event of the economic concentration. Indeed, it is much easier to prevent a new monopoly formation from occurrence in the market, rather than fight breaches that it might commit later on.

Committee bodies consider antimonopoly law violations, and on the basis of such consideration, adopt binding decisions to discontinue such violations, restitute, or on forced division of monopoly formations, discontinuance of anti-competition coordinated acts and actions of subjects of the economic activity, or to impose fines in the cases specified in legislation; when necessary, they file claims with a court of general jurisdiction or arbitration court, file materials with enforcement bodies regarding any non-compliance with legislation and which contain constituent elements of violation. They provide recommendations on acts and actions aimed at prevention of any non-compliance of the antimonopoly laws, and promotion of entrepreneurship and competition development.

The Committee concludes international agreements, is engaged in development and implementation of international projects and programs, and cooperates with government bodies, foreign non-government organizations, and international organizations with respect of issues included in its competence.

In addition, to promote competition, Committee bodies enforce and oversee as follows:

• compliance with the antimonopoly requirements in the process of state property passing. This enables to transform state-run monopoly formations into private ones without division, should it be possible and reasonable; and also, to prevent monopolization of markets through getting objects of privatization under control;
• regulation by Ministries, departments, and state administrations of prices of products manufactured by monopoly formations;
• compliance with the antimonopoly requirements in the decision-making process of government, local self-government, administrative, and controlling bodies of control thus to prevent adoption of anti-competition decisions.

Also, Committee bodies are engaged in economy demonopolization in regions and economic sectors.

Within its authorities, Committee bodies oversee activities of subjects of the economic activity of any form of ownership, as well as of government, local self-government, administrative, and controlling bodies of control in all sectors of the Ukrainian economy. Also, the Committee is entitled to oversee activities of foreign subjects of the economic activity, should they carry out such activities on the territory of Ukraine. In the process of its operation, the Committee happened to consider cases, when both claimant and defendant were foreign companies that operated in the Ukrainian market.