There is no public record of the extraterritorial application of Ukrainian competition law with regard to vertical restrictions; However, the CMA regularly acts extraterritorial on other issues (for example. B merger abroad) and can, in theory, do so with regard to vertical restrictions imposed by non-Ukrainian companies on Ukrainian product markets. It should be noted, however, that an extraterritorial execution of the CMA`s decision does not appear to be feasible due to a series of legal uncertainties and technical complications related to the cross-border mutual recognition of court decisions (which forcefully enforce the CMA`s decisions). What are the legal sources of vertical restrictions on cartels and abuse of dominance? 11 Under what circumstances do the vertical restriction rules apply to agreements between a parent company and a related company (or between affiliates of the same parent company)? Nor is there a public record of Ukrainian competition rules on vertical restrictions applied in a purely internet context. In addition, the General Exemption Regulation defines „vertical concerted practices in the supply and use of products” and „vertical restrictions.” Concerted vertical practices in the supply and use of products are concerted practices of two or more companies operating at different levels of the production chain or supply chain, with parties buying, selling or reselling products. Vertical restrictions are defined as competition restrictions related to concerted vertical practices in the supply and use of products. The Competition Act provides for a general departure from concerted practices relating to the transfer of intellectual property rights or the use of intellectual property (the Technology Transfer Act, however, contains a list of prohibited restrictions). The automotive sector is governed by general rules (competition law and vertical exemption regulation by category). Ukraine has implemented the Commission`s Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101, paragraph 3, from the Treaty on the Functioning of the European Union (TFUE) to the categories of vertical agreements and concerted practices, but does not intend to supplement the regulation with specific EU provisions for the automotive sector.
Competition law provides for the possibility of individual exemptions: agreements with vertical restrictions not under the Green Order exemption regulation by category cannot be enforced, unless they are individually exempted according to the procedure set out in the authorisation regulation. A more rational interpretation of this prohibition would allow an agreement to be served before approval, provided the parties refrain from implementing it until it is approved by the CMA. As a special-status public authority, the CMA is responsible for protecting economic competition. CMAs and its regional departments (which are involved in monitoring compliance and investigations of competition law violations in regional product markets) are the system of AMC agencies responsible for ensuring compliance with competition legislation and, in particular, enforcing prohibitions on anti-competitive vertical restrictions. Is the only objective of the Vertical Restrictions Act economic or is it intended to promote or protect other interests? For vertical restrictions, no separate statistics are available to the public. Based on the general CMA statistics available, the share of vertical restrictions is expected to be well below 15%. 49 Is there a procedure in which individuals can complain to the cartel enforcement authority and abuse of dominant position about allegedly illegal vertical restrictions? 12 Under what circumstances does cartel and abuse of dominance legislation apply to agreements between principal companies and companies