EBA Odesa Transport Working Group: ‘’Protection against monopoly activities and prospects for the transport industry’’

26/ 11/ 2019

Monopoly threatens the competition. In a broad sense, monopoly means shortage sellers (manufacturers), so that each of them manipulates prices for their own benefit and harms to society in general. Under the A. 42 of the Constitution of Ukraine, the abuse of a monopolistic position in the market, the unlawful restriction of competition, and unfair competition, shall not be permitted. The types and limits of monopolies are determined by law.

On November 6, 2019, the EBA Odesa Transport Working Group on the meeting with AIFFU discussed issues of unfair competition and the prospects, expected by the transport industry. Speakers were: Ahiia Zahrebelska, ACU Ex-state Commissioner; Yuliia Shchavinska, Commercial Court of Odesa Region Judge; Valerii Tkachov, NGO “Business-Varta” Chairman of the Logistics Department, Member of the Expert Council at the MIU, Vasyl Penkovskyi, ADVISERS JSC Partner, Dmytro Ochkolias, Interlegal Lead Attorney.

We considered the practical cases of the ACU in the transport industry and received answers to several relevant questions:

  • What are the monopolistic abuses and how can a monopolist be brought to justice?
  • Judicial protection of market participants (consumers of services) from unfair competition and compensation for damage caused by abuse of monopoly position in the market.
  • New public contract as a tool for restarting contractual obligations with cargo owners and its effect for the transport industry.
  • Activities of private monopolists. Consequences of the new decision of ACU on “PPL 33-35” LLC for market participants and protection consumers of services.

Thank you all for your effective work and experience!



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