Section III Unfair competition

Article 7. Unfair competition

It shall be considered to constitute unfair competition:

unlawful use of a business name, a trade mark, a service mark or any product marking; unlawful copying of forms, packing, appearance; imitation, copying, direct reproduction of other entrepreneur's product; unwarranted use of entrepreneur's name;

deliberate spreading of false or inaccurate information which can cause damage to business reputation or valuable interests of other entrepreneur;

receipt, use, disclosure of commercial secret and confidential information for the purpose of causing damage to business reputa­tion or property of other entrepreneur;

ordering, production, placing or spreading of advertising which does not correspond to demands of current legislation of Ukraine and can cause damage to citizens, institutions, organiza­tions or the state by legal or natural persons.

(The changes have been made in accordance with the Law of Ukraine of February 28, 1995 No. 75/95-BP and the Law of Ukraine of July 5, 1995 No. 258/95-BP.)

Section IV State control over observance of the antimonopoly legislation

Article 8. State policy in the sphere of limitation of monopolism in entrepreneural activities

1. State policy in the sphere of limitation of monopolism in entrepreneural activities, taking measures concerning economy demonopolization, financial, material, technical, information, consultative, and other support of entrepreneurs favouring develop­ment of competition shall be carried out by power and management bodies empowered to carry out it.

2. Economy demonopolization and development of competition in Ukraine shall be provided in accordance with special program drawn up by the Cobinet of Ministers of Ukraine and approved by the Supreme Rada of Ukraine.

3. State control over observance of the antimonopoly legisla­tion, protection of consumer and entrepreneur interests against violations of the antimonopoly legislation, including protection against abuse of monopoly position and against unfair competition, shall be exercised by the Antimonopoly Committee of Ukraine in ассоrdance with the competence.

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

Article 9. Antimonopoly Committee of Ukraine

1. The Antimonopoly Committee of Ukraine, consisting of the Chairman of the Committee and ten state commissioners, shall be established by the Supreme Rada of Ukraine.

The Antimonopoly Committee of Ukraine in its activities shall be subordinate to the Cabinet of Ministers of Ukraine and account­able to the Supreme Rada of Ukraine.

The Antimonopoly Committee of Ukraine shall establish terri­torial offices with powers defined by the Committee within its competence.

The Antimonopoly Committee of Ukraine and its territorial offices shall constitute the system - headed by the Chairman of the Committee - of bodies of the Antimonopoly Committee of Ukraine

2. The Antimonopoly Committee of Ukraine shall be guided by the Constitution of Ukraine, by the Law of Ukraine "On the Anti-monopoly Committee of Ukraine", by this Law, by other legislative acts of Ukraine as well as by international treaties in which Ukraine takes part.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 No. 253/95-3P.)

Articles 10, 11, 12 are abrogated.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 No. 258/95-3P.)

Article 13. Access to information

Economic entities (entrepreneurs), power and management bodies and their officials - by order of state commissioners, heads of territorial offices of the Antimonopoly Committee of Ukraine - shall be obliged to provide documents, written and oral explana­tions, other information necessary to the Antimonopoly Committee of Ukraine and its territorial offices for carrying out tasks provided by current legislation.

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

Article 14. Control over establishment, reorganisation (merger, connection), liquidation of economic entities

For the purpose of prevention of monopoly position of certain entrepreneurs on the market, establishment, reorganisation (merger connection), procurement of assets, liquidation of economic entities, establishment of associations, concerns, interbranch, regional, and other amalgamations of enterprises, transformation of management bodies into the mentioned amalgamations in cases provided by current legislation shall be carried out on condition that the consent of the Antimonopoly Committee of Ukraine is received.

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

Article 15. Control over procurement of stocks (shares) of economic societies

Procurement of stocks (shares) of economic societies by an economic entity'(entrepreneur) in cases provided by current legis­lation shall be carried out on condition that the consent of the Antimonopoly Committee of Ukraine is received.

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

Article 16. Compulsory split-up of monopoly formations

1. In cases when entrepreneurs abuse their monopoly position on the market the Antimonopoly Committee of Ukraine and its terri­torial offices shall have the right to adopt a regulation on a compulsory split-up of monopoly formations.

2. Compulsory split-up shall not be applied in the cases:

if it is found impossible to make organizational or territo­rial separation of enterprises, structural subdivisions or struc­tural units;

if there is a close technological connection of enterprises, structural subdivisions or structural units (if the share of the inner turnover in the gross output of enterprise (amalgamation, etc.) accounts for less than 30 per cent).

3. Regulation of the Antimonopoly Committee of Ukraine and its territorial offices on a compulsory split-up of enterprises (amalgamations, etc.) shall be carried out for the fixed period which cannot be less than six months.

Reorganization of monopoly formation, subject to a compulsory split-up, shall be carried out at the discretion of this monopoly formation on condition that its monopoly position on the market is eliminated.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 No. 253/95-BP.)

Articles 17, 18 are abrogated.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 Nо. 258/95-БР.)