АНАЛІЗ ПРАВОВИХ ФОРМ ПОТОЧНОГО КОНТРОЛЮ АНТИКОНКУРЕТНИХ УЗГОДЖЕНИХ ДІЙ

Abstract

The focus is on the legal forms in the implementation of the Antimonopoly Committee of Ukraine of current control in the field of violations of competition law, in particular, control over the concerted actions of business entities (cartels). Such a form of current control of the Antimonopoly Committee as consideration of cases on anti-competitive concerted actions is analyzed in detail. Special emphasis is placed on the stages and sequence of implementation of current control, which begin with the adoption of the relevant order on the commencement of proceedings on anti-competitive concerted actions. Other stages of the current control are accompanied by the adoption of interim decisions by the Antimonopoly Committee of Ukraine on procedural actions to investigate the facts of the case, to provide evidence (inspections, seizures, seizure of evidence). The current control is completed by the adoption of the Committee's decision in the case on the merits of the issue. As a result of the analysis, it was also revealed that at the legislative level, the issues concerning the procedure for exercising certain important powers of the antimonopoly body remain unresolved. This primarily concerns the legal instability in the exercise of the Committee's right to request information, the right to receive explanations, the right to withdraw evidence during inspections, and so on.