Problem aspects of release of liability for violation of law of Ukraine on protection of economic competition

Abstract

This article analyzes the nature and content category «exemption from liability for breach of legislation on protection of economic competition».The above problem is solved in the light of the analysis of the types of legal liability for antitrust (competition) offense in Ukraine, and individual institutions. It is noted that in European Union law and the right of individual EU member exists a program of release of liability for the most serious violation of competition law - cartel agreements. Under this program, an entity may be granted full or partial exemption from liability under certain conditions.

Attention is drawn to the gaps in the existing competition law on exemption from liability for non-competitive coordinated actions of the economic entities.

1. the content of the legal elements of an offense in economic competition is disclosed, as a rule, in the delegated legislation.
2. The nature of such an offense is formal. This means that for the qualification of the actions of the entity, it is not obligatory to clarify the consequences in the form of losses for its competitors or consumers or other real violation of their rights or interests.
3. Many legal evidences of the offense have evaluation character.
4. Compliance by the economic entity with the rules of the economic (civil) legislation does not exclude the presence in his actions of violation of legislation on protection of economic competition.
5. Execution by an entity of his obligations under the commercial contract (agreement) does not relieve him from responsibility for violations of the Law.
6. In the other (non-competitive legislation) areas of law there exist the rules and institutions that fully or partially exempt the entities from liability of certain type for offense.

Within the legislation of Ukraine on protection of economic competition such regulation does not exist. There is no general definition of competitive offense and the features of its legal structure (eg, form and type of fault). The stages (stage) of competitive committing of the offense are not taken into account.