Legal regulation of the institute of economic concentration of the subjects of economy pursuant to the competitive legislation of Ukraine

Abstract

The article is dedicated to the analysis of the content and essence of the category of «economic concentration of the subject of economy» in the competitive legislation of Ukraine. The specified task is resolved by means of the analysis of legal acts and deed of the most powerful economic subjects which require the authorization of antimonopoly body.

Still seem to be problematic the issues of definition of the criteria and threshold indexes of referring of some types of legal acts (contracts) and deed of economic subjects to the economic concentration. The next issue is the expediency of prevision of the institute of the following control over the economic concentration in the national competitive law. The following question consist of the rights of the antimonopoly body in terms of appeal to the court about the legal acts (contracts) and deeds of the economy subjects, made with the violation of the proceeding of economic concentration. The proceeding of the control of economic concentration, in particular the coordination with antimonopoly bodies of Ukraine of certain types of legal acts (contracts) and deeds of the economy subjects is stipulated by the Law of Ukraine «About the protection of the economic competitiveness». The law defines the types of legal acts (contracts) and deeds of the economic subjects which are not the economic concentration and do not require any authorization of the antimonopoly bodies of Ukraine.

According to the international practice the control over the economic concentration of the economy subjects can be done in two forms: previous one, in particular the previous coordination with the antimonopoly body of the commitment of legal acts (contracts) or deed by the economy subjects; and the posterior one, in particular the one which is effected after the commitment of legal acts (contracts) or deeds.

Antimonopoly bodies issue the authorization in case it does not cause the monopolization or significant limitation of competitiveness on the whole market or significant part of it. The law foresees that the economy subjects have the right to appeal to the antimonopoly bodies of Ukraine with the claim about the previous conclusions about the concentration. This law shall be given to the interested persons so that they could protect themselves from possible expenses.

The receipt of the previous conclusions about the concentration will not release the members of the concentration from the necessity to receive the authorization for concentration. The violation of the order of economic concentration according to the Law is a basis for the application by the antimonopoly bodies of the sanctions to the infractors. In such a way within the control of economic concentrations not only the prevention of abuse by the economy subjects of their position on the market is done, but also the elimination of such abuses.

Antimonopoly body of Ukraine has the right to apply to the court with a suit about cancellation of the state registration of the economy subjects formed with violation of the proceeding of economic concentration. At the same time the Law does not foresee the right of the Antimonopoly body of Ukraine to apply to the court with a suit about the recognition of the legal acts (contracts) concluded with the violation of the economic concentrations as the ones which do not have validity.