Section I

General provisions

Article 1. Terms defined

For the purposes of this Law the following terms are used:

"product" denoting product of activities (including works, services, and securities) designed for realization;

"market of a product" ("product market") denoting the sphere of circulation of a product with the same consumer value, within which monopoly position is defined;

"power and management bodies" denoting central and local bodies of state executive power, representative bodies and bodies of local self-government, management bodies of public organiza­tions; it also denotes associations, concerns, interbranch, regional, and other amalgamations of enterprises when they fulfill man­agement functions within the powers deligated to them;

"competition" denoting contest of entrepreneurs when their independent actions both limit opportunities of each of them to influence general conditions of product realization on the market and stimulate production of products needed by the consumer;

"monopoly position" denoting dominant position of the entre­preneur, which enables him to limit competition on the market of a certain product independently or together with other entrepre­neurs. Entrepreneur's position shall be considered as a monopoly one if his share in the market of a particular product exceeds 35 per cent. Entrepreneur's position whose share in the market of a particular product is less than 35 per cent can be defined as a monopoly one by a decision taken by the Antimonopoly Committee of Ukraine;

"monopoly price" denoting price which is set by the entre­preneur occupying monopoly position on the market and leads to limitation of competition as well as to violation of rights of the consumer;

"monopoly activities" denoting actions (inactivity) of the entrepreneur (entrepreneurs) on condition that one entrepreneur (a group of entrepreneurs) occupies monopoly position on the market concerning both production and realization of products; it also denotes those actions (inactivity) of power and management bodies which are directed towards banning, essential limitation or removal of competition;

"monopoly formation" denoting such an enterprise, amalgam­ation or economic society and other formation which occupies monopoly position on the market;

"economic entity" ("entrepreneur") denoting such a legal person irrespective of property form which is engaged in produc­tion, realization, and procurement of products (works, services); it also denotes a citizen engaged in independent entrepreneurial activities without creation of legal person; it denotes a group of the mentioned legal and (or) natural persons, if one or several of them control other persons, i. e. exert a decisive influence on their economic activities including making management decisions due to:

holding their stocks (shares);

holding their assets or the right to use their assets;

rights fixed in statutory documents or agreements (contracts);

coincidence of more than a quarter of members of management bodies and (or) supervisory boards, etc.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 No. 258/95-BP.)

Article 2. Application of the Law

1 . The Law shall be applied to the relations in which entre­preneurs take part.

2. The Law shall not be spread to the relations resulting from rights to intellectual property objects with the exception of cases provided by this Law.

3. Laws of Ukraine can provide peculiarities in regulating relations associated with monopoly activities and unfair competi­tion on financial and securities markets in comparison with this Law.

4. In cases when an international treaty in which Ukraine takes part fixes rules other than those contained in this Law the rules of the international treaty shall be applied.

(The changes have been made in accordance with the Law of Ukraine of February 29, 1995 No. 75/95-3P.)