Appeal of monopolists' actions to AMCU

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In the Ukrainian state there is a situation of violation by market monopolists of the provisions of the law protecting competition in the economic sphere. This negatively affects the functioning of competitors, as well as representatives of goods, services.

The essence of market dominance is the control of one enterprise over it.

Monopoly varieties:

• Natural (natural). Means that the organization of a particular market segment creates goods that other competing enterprises, with lower costs, costs.
• Artificial. Unlike the first, this is a specially, purposefully created monopoly, when all economic activity is concentrated in one hand.
• Total (absolute). One producer fully controls the production, realization and sale of the product on the market.

All types of monopolies are present among Ukrainian monopolists. Bright total monopolists are: "Ukrspirt", "Ostchem" (ammonium nitrate), "DTEK" (electricity export).

Those whose rights have been violated by monopolists are not always able to take the necessary measures. Often, it is just absolute ignorance.

In such cases it is necessary to seek help from specialists in this field. It is important not to miss the deadlines, to take timely measures.

A comprehensive approach of lawyers of our organization can provide assistance on antitrust issues, regardless of the complexity of the problem. We will always find options for the best way out of the situation.

On issues of violation of antitrust norms it is necessary to apply to the Ukrainian Antimonopoly Committee. Objects for appeal can be:

• Active actions or passivity of monopolists;
• Fixed cost of goods, services. This includes tariffs for housing and communal services;
• Provisions of contracts concluded with monopolists that violate consumer rights;
• Advertising of monopolists, which is a violation of competitive consumer and other persons' rights;
• Violation of brand owner's rights;
• Other violations of antimonopoly regulations, the law on protection of competition in the economic sector.

The right to appeal has:

• Subjects whose rights have been violated (category "individuals");
• Competitive organizations, suppliers ("legal entities").
• The Antimonopoly Committee of Ukraine is a state body for appeal of individuals and legal entities whose rights in the field of antimonopoly legislation are violated.

Aspects of appealing the activities of monopolists to the AMCU:

• The period in which it is possible to appeal to the AMCU is six months from the moment the applicant discovered the violation of his rights, or should have learned. If there are valid reasons - the period is renewed.
• The submitted application on violation of rights is considered within one month. If the information provided is insufficient and additional information is required, the period is extended to 60 days.

After a thorough review of the case, decisions are made:

• recognizing the violation of the provisions of the law;
• to stop the violation of the law;
• obliges the authorities, LSG bodies, administrative and economic management and control bodies to put the decision into practice;
• recognizing the subject as a monopolist;
• separation of the subject - monopolist, in a coercive manner;
• punitive sanction.

There are other bodies, in which it is possible to appeal against active actions and the lack thereof. Among them, courts, state administrations, specialized ministries.

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