Kuzmenko M. Economic liability for anticompetitive concerted actions

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U000783

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

11-03-2015

Specialized Academic Board

Д. 26.001.06

Essay

its characteristics. Chapter explores a list of measures that apply for anticompetitive concerted actions; in particular, this list consists of damages, confiscation of illegally obtained profits (income) and fines. Also it specifies main principles of their implementation; particularly, damages realize with optional application, adequate compensation, predictability and the ability to pre-order their reimbursement; confiscation of illegally obtained profits (income) is based on the principles of predictability, transparency and commitment of such withdrawal; fines are applied with principles of predictability, transparency and acceptability of release from liability, appeal the decision to apply such sanctions and the principle of hierarchical certainty of authorities for its application. Dissertator proposes to implement into legislation of Ukraine new types of measurements (economic penalty and operational economic sanctions) for anticompetitive concerted actions. This Chapter also contains description of the problems in legal nature of anticompetitive concerted actions and analysis of main gaps in its qualification.

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