Ways to enhance the operations of interregional territorial departments of the Antimonopoly Committee of Ukraine: Ensuring unity in safeguarding economic competition

Анотація

The article provides a thorough analysis of the structure and functions of the territorial branches of the Antimonopoly Committee of Ukraine, focusing on their decisive impact on regional control over compliance with legislation on economic competition protection. The key role of the Committee's Chairman is highlighted, emphasizing the importance of the branches' functionality in shaping and implementing competitive policies. The article proposes specific recommendations to enhance the effectiveness and compliance with legislation of interregional territorial branches. The authors identify shortcomings and propose solutions to issues related to the application of legislation on economic competition protection. The article emphasizes the crucial importance of adhering to the Methodology and calls for the use of a unified practice among interregional territorial branches. Specific proposals for decisions by the administrative boards of territorial branches are discussed, addressing the correction of discrepancies in the Methodology, strengthening control, and improving case review procedures. The significance of regular updates and improvements to the methodology of territorial branches' work is emphasized to prevent unjust decisions and deficiencies in conducting investigations. In the context of anticompetitive cases, the article highlights the necessity of considering specific circumstances and ensuring proper control over the review, evidence collection, and justification of decisions to improve the quality and objectivity of antimonopoly control in Ukraine. In the analysis of cases related to violations of anticompetitive concerted actions affecting auction outcomes, the Antimonopoly Committee can identify the absence of necessary documents, such as bank guarantees, provided by auction participants. The primary goal is to identify facts of competition violations. However, it is crucial to avoid general conclusions regarding the submission of all necessary documents, as this area falls under legislation on public procurement and is not within the scope of the Antimonopoly Committee's investigation or authority.

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