Some Aspects of Harmonisation of Ukraine’s Competition Legislation to EU Standards
DOI:
https://doi.org/10.6000/1929-4409.2021.10.53Abstract
In modern conditions, obtaining information about market dynamics, trends in demand, and alternative offers from competitors is vital to support the effective operation of enterprises. It is also common business practice to discuss legislative initiatives, non-confidential technical information, quality and safety standards, and various aspects of the industry. However, the direct or indirect exchange of information may be accompanied by various wrongful intentions of economic entities (for example, elimination of competitors, creation of entry barriers, agreement on price levels, certain discounts, sales volumes, and the market's geographical distribution, etc.). In Ukraine, there are currently no analogues of a full-fledged guide to information exchange between competitors, which determined the relevance of this study. The purpose of the study is to establish regulatory, economic principles for assessing the exchange of information between enterprises operating in the relevant market, in the context of compliance with legislation on protection of economic competition; analysis of the progressive international practice of cessation of violations in the form of information exchange, which leads to distortion of economic competition. In Ukraine, it is necessary to adopt the Guidelines for the Exchange of Information between Competitors (from now on referred to as "the Guidelines"), raising awareness of the business community (including associations and chambers of commerce), lawyers, and society in general regarding the main aspects of the competition compliance with competition law in order to promote fair business activities, protect the competitive environment and, as a consequence, improve consumer welfare.
References
Annual report on competition policy developments in Spain. 2015. (https://one.oecd.org/document/DAF/COMP/AR(2016)21/en/pdf).
Bakalinska, Olga V., Oleksandr V. Bezyh, Oleksandra V. Kologoida, Iryna V. Lukach, Nino B. Patsuria, and Valentyn S. Scherbyna. 2017. Competition Law of Ukraine. Kyiv: Lira.
Behar-Touchais, Martine. 2015. "Exchange of information: The court of justice of the European Union confirms that strategic information exchange is a restriction of competition by object (dole food, dole fresh fruit Europe)". Concurrences 2: 3-10.
Bovet, Christian. 2011. Information exchange among undertakings in EU competition law. Genève: MBL Thesis.
Boychuk, Natalia. 2017. “Ukrainian retail: moderately public and slightly transparent”. All Retail Magazine 6: 26-27.
Capobianco, Antonio. 2004. “Information exchange under EC competition law”. Common Market Law Review 41(5): 1247-1276. DOI: https://doi.org/10.54648/COLA2004047
Case 38907 Steel Beams. 2006. Antitrust/Cartel Cases. (http://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_38907.c).
Case C-8/08 T-Mobile Netherlands BV and Others v Raad van bestuur van de Nederlandse Mededingingsautoriteit. 2009. (https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=ecli:ECLI:EU:C:2009:343).
Comisión Federal de Competencia Económica. 2015. Federal Economic Competition Law. (https://www.cofece.mx/wp-content/uploads/2018/03/Federal_Economic_Competition_Law.pdf).
Commission Decision, UK Agricultural Tractor Exchange, OJ L 68/19. 1992. (http://eur-lex.europa.eu/legal-content/EN/TXT/ ?uri=CELEX%3A31992D0157).
Commission’s Guidelines on the applicability of Article 81 to horizontal co-operation agreements. 2001. Official Journal of the European Union, 44. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32001Y0106%2801%29).
Communication from the Commission – Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements. 2011. Official Journal of the European Union, 54. (https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX% 3A52011XC0114%2804%29).
Consolidated version of the treaty on the functioning of the European Union (Treaty on the Functioning of the European Union). 2012. Official Journal of the European Union 55. (https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF).
European Commission. 1978. Seventh Report on competition policy. Brussels: ECSC. (https://ec.europa.eu/competition/ publications/annual_report/ar_1977_en.pdf).
European rules for information exchange between competitors. 2010. (http://www.eubelius.com/en/spotlight/european-rules-information-exchange-between-competitors).
Federal Trade Commission and the U.S. Department of Justice. Antitrust Guidelines for Collaborations Among Competitors. 2000. (https://www.ftc.gov/sites/default/files/documents/ public_events/joint-venture-hearings-antitrust-guidelines-collaboration-among-competitors/ftcdojguidelines-2.pdf).
Federal Trade Commission. FTC, DOJ. Issue antitrust policy statement on sharing cyber security information. 2014. (https://www.ftc.gov/news-events/press-releases/2014/04/ftc-doj-issue-antitrust-policy-statement-sharing-cybersecurity).
Government of Canada. 2009. Competitor Collaboration Guidelines. (http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/03177.html#ccg-3.8).
Horizontal Information Exchanges. 2012. (http://www.eucomplaw. com/article-101/horizontal-information-exchange/).
InfoCuria. 1993. Cases C-89/85, C-104/85, C-114/85, C-116/85, C-117/85 and C-125/85, ECR I-1307. Ahlström Osakeyhtiöand Others v. Commission. (http://curia.europa.eu/juris/liste.jsf? num=C-89/85&language=en).
Information cartels: a guide for undertakings. 2016. (http://www.lexology.com/library/detail.aspx?g=00f77801-518c-4484-9c95-e966c9ae7219).
Information Exchanges Between Competitors under Competition Law. 2010. Organisation for Economic Co-operation and Development. (http://www.oecd.org/competition/cartels/ 48379006.pdf).
Lourenço, Nuno Calaim. 2017. “Information exchanges between competitors from a competition law perspective – the problem of premature exchanges of sensitive information in the context of merger control”. EU Law Journal 4(1): 78-101. https://doi.org/10.21814/unio.4.1.8 DOI: https://doi.org/10.21814/unio.4.1.8
McDavid, Janet, and Gianni De Stefano. 2016. Global laws inconsistent when competitors talk among themselves. (http://ehoganlovells.com/rv/ff00268fcc5c5e4b51ab87292d4196b5994c31ae).
New York Amends Credit for Reinsurance Regulation, Relaxing Unauthorized Reinsurer Collateral Requirements. 2011. (https://www.lexology.com/library/detail.aspx?g= 271430a4-6314-46a2-af4c-3fdcabc1ee78).
Notice concerning agreements, decisions and concerted practices in the field of co-operation between enterprises. 1968. (https://eur-lex.europa.eu/legal-content/HU/TXT/?uri= CELEX:31968Y0729(01)).
OECD. OECD reviews of competition legislation and policy: Ukraine 2016. 2016. (https://www.oecd.org/daf/competition/Ukraine% 20Highlights%20UKR.pdf).
OECD. Strategic Orientations of the Secretary-General. Meeting of the OECD Council at Ministerial Level. 2014. Retrieved November 11, 2020 (https://www.oecd.org/mcm/MCM-2014-Strategic-Orientations-SG.pdf).
Østerud, Eirik, and Frode Steen. 2020. “Norwegian cartels: Law, policy, registration and practice under the price and competition act between 1954 and 1993”. Oslo Law Review 7(2): 84-104. https://doi.org/10.18261/ISSN.2387-3299-2020-02-02 DOI: https://doi.org/10.18261/ISSN.2387-3299-2020-02-02
Papp, Florian Wagner. 2013. “Information exchange agreements”. Pp. 130-173 in Handbook on European Competition Law: Substantive Aspects. Cheltenham: Edward Elgar Publishing.
Posada, Pedro, and Sergio Frutos. 2014. Competition Policy Applied to Information Exchanges between Competitors in the EU: Proceedings of the Spanish Competition Authority in a Recent Case. Madrid: NERA Economic consulting.
Rivas, José, and Geoffroy Van De Walle De Ghelcke. 2012. Concerted practices and exchange of information: An overview of EU and national case law. (http://awa2013.concurrences.com/business-articles-awards/article/concerted-practices-and-ex0change).
Sattler, Mario. 2012. Opening governmental traffic management infrastructure for the mutual benefits of authorities and logistics-river information services in Europe. In 19th Intelligent Transport Systems World Congress, ITS 2012. Vienna: AustriaTech.
Skliar, Sergey V. 2014. Application of competition law. Practice of Ukraine, EU, Russia and USA. Kyiv: Justinian.
Sloan, Peter. 2014. "The reasonable information security program". Richmond Journal of Law and Technology 21(1): Article No. 3.
Sofia Competition Forum. 2011. Guidelines on information exchange between competitors. (https://unctad.org/system/files/non-official-document/ccpb_SCF_InfoSharing_en.pdf).
Švirinas, Daivis. 2012. “The assessment of information exchange agreements between competitors from the perspective of competition law of the EU and of the Republic of Lithuania”. Jurisprudence 19: 87-119.
Verkhovna Rada of Ukraine. 2001. Law of Ukraine “On protection of economic competition”. Information of the Verkhovna Rada of Ukraine 12: 64-120.
Villani, Luca. 2016. The E-turas case: when concerted practices meet technology. (http://rivista.eurojus.it/the-e-turas-case-when-concerted-practices-meet-technology/).
Wait, Amanda L. 2011. Competitor Information Exchanges: Practical Considerations from FTC Consent Decrees. (https://www.huntonak.com/images/content/3/6/v2/3664/Competitor_Information_Exchanges.pdf).
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