Section II abuse of monopoly status in the market. Illegal agreements. Discrimination against business entities

Article 3. Determination of Monopoly Status

The monopoly status of business entities in the market for all categories of commodities required for production (means of production), as well as in the turnover of capital (finances, securities, etc.), shall be determined within the boundaries of the territory of Ukraine.

The monopoly status of business entities in the market for all categories of consumer goods, as well as all forms of labor and services, shall be determined by the Anti-monopoly Committee of Ukraine and its territorial administrations within the boundaries of administrative oblasts or autonomous regions (rayons, population set­tlements).

Article 4. Abuse of Monopoly Status in the Market

The following are regarded as abuses of monopoly status:

—imposing conditions in an agreement that place the contracting panics on an unequal footing, or imposing additional conditions that have no bearing on the subject of the agreement, including forcing a com­modity on another contracting party that it does not need;

—restricting or halting the production of commodities or removing commodities from circulation with the intent to create or maintain a shortage in the market or to set monopoly prices;

—refusing in part or in full to sell or buy commodities for which there is no alternative source of supply or market with the intent to create or maintain a shortage in the market or to set monopoly prices;

—other actions intended to hamper access to the market (exit from the market) of other business entities;

—setting discriminatory prices (rates, quotations) by a business entity on its own commodities, thereby restricting the rights of certain consumers.

Article 5. Illegal Agreements Between Business Entities

Agreements (agreed upon actions) between business enti­ties are regarded as illegal if their intent is to:

—establish (maintain) monopoly prices (rates), dis­counts, surcharges (additional charges), and markups;

—divide up the market by territories, assortment of goods, volume of sales or purchases, category of con­sumer, or by other characteristics with the intent ю monopolize such markets;

—oust sellers, buyers, or other business entities from the market or limit their access to it.

Article 6. Discrimination Against Business Entities by Government and Administrative Organs

1. Discrimination against business entities by govern­ment and administrative organs is defined as:

—prohibiting the creation of new enterprises or other organizational forms of business activity in any sphere of endeavor, as well as imposing restrictions on engaging in certain forms of activity and on the production of certain types of commodities with the intent to limit competition;

—compelling business entities to enter into prioritied contracts and to give precedence to a certain group of consumers in the delivery of commodities;

—adopting decisions on a centralized distribution of goods, which results in a monopoly status in the market;

—prohibiting the sale of commodities from one region of the republic in another;

—granting individual business entities tax or other con­cessions, which assure them an advantage over other business entities and allow them to monopolize the market in a given commodity;

—limiting the rights of business entities to purchase and sell goods;

—establishing prohibitions or restrictions with respect to individual business entities or groups of business entities.

2. The conclusion of agreements between government and administrative organs and the creation of structures of state management or the granting of authority to existing ministries, state committees, and other state administrative structures to engage in activities described in part 1 of this article are also regarded as discrimination against business entities.

3. Exceptions to the provisions of this article may be instituted by other legislative acts of Ukraine for the purpose of safeguarding national security and defense or social interests.