AMCU investigation on anticompetitive concerted actions: legal counsel role
¹ 18 (645) dated 04/05/10
Sergii Koziakov, Senior Partner of Volkov Koziakov and Partners
Mykola Podpalov, Paertner of Volkov Koziakov and Partners
The Law of Ukraine, like the law in many other countries, makes provisions for variety of administrative investigations that per se are quasi-judicial procedure.
Following the results thereof, special financial penalties may be applied along with AMCU requirements to take specific additional organizational and administrative actions.
Legislator differentiates ‘concerted actions’ from ‘anticompetitive concerted actions’. The former is defined as conclusion by the subjects of management of the agreements in any form, taking by associations the decisions in any form as well as any other agreed competitive behaviour (activity, inaction) of the subjects of management.
A term ‘anticompetitive concerted actions’ is defined in the Law of Ukraine “On Protection of Economic Competition” and means concerted actions, which led or may lead to non-admission, elimination or limitation of competition. Notably, not all concerted actions are anticompetitive. Thus, the Law prohibits just concerted actions that are considered anticompetitive...