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ANTIMONOPOLY COMMITTEE AND ENTERPRISE

PRIVATE LEGAL FIRM
"ELITE-CONSULTING"

Belan Dmitry Anatolyevich

Monopolization is the achievement by a business entity of a monopoly (dominant) position in the commodity market, the maintenance or enhancement of this location.

The central body of executive power with a special status whose purpose is to ensure the state protection of competition in the field of entrepreneurial activity is the Antimonopoly Committee of Ukraine, which is under the control of the President of Ukraine and is accountable to the Verkhovna Rada of Ukraine.

The purpose of determining the monopoly (dominant) position of economic entities on the market is to obtain the necessary information for the sake of making decisions on the development and protection of economic competition, in particular, demonopolization of the economy, antimonopoly regulation, control over concerted actions, concentration; Control over observance of the legislation on the protection of economic competition; Protection of interests of business entities, groups of economic entities and consumers from its violations.

It should be borne in mind that the business entity has a monopoly (dominant) position in the commodity market, if:

• In this market, he does not have a single competitor;

• Does not experience significant competition due to limited access to other business entities for the purchase of raw materials, materials and the sale of goods, the presence of barriers for access to the market of other business entities, the availability of benefits or other circumstances.

Definitions of monopolistic (dominant) position of economic entities may include such actions on the part of AMK:

• The establishment of a business entity, a specific product (product, labor, service) that is produced, supplied, sold, purchased (consumed, used) by this (these) subjects (entities) of management;

• Compilation of the list of goods (works, services), concerning which the monopoly (dominant) position of the economic entity can be determined;

• Compilation of the list of main sellers (suppliers, producers), buyers (consumers) of goods (commodity groups);

• Definition of market commodity boundaries;

• Determination of territorial (geographical) boundaries of the market;

• The establishment of a gap in the pores relative to which the location of business entities in the market can be determined;

• Determination of the volume of goods that turn into the market;

• Calculation of units of economic entities on the market;

• Compilation of the list of sellers (suppliers, producers), buyers (consumers) of the commodity (commodity group)-potential competitors, buyers who can sell (supply, manufacture), acquire (consume, use) the same or the same goods (commodity Group) in the market;

• The definition of barriers to entry and exit from the market for the sake of business entities that sell (supply, manufacture), acquire (consume, use), or can sell (supply, manufacture), acquire (consume, use) the same goods (commodity Group) in the market;

• Establishment of the monopoly (dominant) position of the subject (subjects) of management in the market.

The list of goods with respect to which the monopoly (dominant) position of the economic entity can be determined consists of goods that turn into Ukraine or the corresponding elements of its territory and which are for the sellers (suppliers, producers), buyers (consumers, users) of the same goods.

Specialists of the law firm "Elite-Consulting" at the highest professional level plus for a moderate remuneration will take all necessary measures to harmonize the efficiency of your venture with the Antimonopoly Committee, with the current legislation of Ukraine.

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