Antitrust Policy in Ukraine

By Boner, Roger Alan; Kovacic, William E | The George Washington Journal of International Law and Economics, January 1, 1997 | Go to article overview

Antitrust Policy in Ukraine


Boner, Roger Alan, Kovacic, William E, The George Washington Journal of International Law and Economics


ANTITRUST POLICY IN UKRAINE*

ROGER ALAN BONER** & WILLIAM E. KOVACIC***

INTRODUCTION

Since the early 1980s over twenty formerly communist and socialist countries have adopted new antitrust laws as a component of market-based economic reforms.1 The emphasis on antitrust law as a focal point for reform has aroused considerable controversy. As a matter of principle, many observers have warned that establishing antimonopoly systems in the transition process will inhibit economic growth or divert attention away from more important reform priorities.2 As a matter of practice, many transition economies with antitrust systems have struggled with limited success to effectively implement new competition statutes.3

One of the most exciting and promising of the modern competition policy experiments is unfolding in Ukraine, which enacted its basic antitrust statute, the Law of Ukraine on Limitation of Monopolizm and Banning of Unfair Competition in Entrepreneurial Activities (Law on Monopolism), in February 1992. Ukraine's efforts to apply the Law on Monopolism, together with a series of amending statutes and implementing decrees,4 represent significant and successful institutional innovations in an extraordinarily difficult political and economic environment.

To accomplish the transition from a central planning to a decentralized market economy, Ukraine must overcome a daunting Soviet legacy of invasive government regulation, extensive state ownership, a collapsing physical infrastructure, high levels of industrial concentration, and poorly developed or non-existent legal and commercial institutions.5 The stakes in Ukraine's efforts to surmount these obstacles are high. The collapse of communism and the process of economic and political liberalization have imposed staggering hardships on many Ukrainian citizens. Failure to generate substantial economic growth could have grave consequences for Ukrainians and countries with a strong interest in the emergence of an economically and politically independent Ukraine.6

Ukraine's experience with antitrust policy as a central component of a transition strategy is important in several respects. It shows the role that strong institutions can play by ensuring that market-oriented reforms create and strengthen competition. Ukraine's adoption, refinement, and implementation of antimonopoly laws illuminates how other countries can remove privately- imposed impediments to competition and discourage destructive and inefficient government intervention in the economy. Moreover, Ukraine's experience suggests that antimonopoly systems can enhance the rule of law by promoting public administration techniques that increase the legitimacy and accountability of decision- making by state agents and institutions.7

This Article examines the development of an antitrust system in Ukraine in five parts. It begins, in Part II, by describing major features of the economic and political environment in which Ukraine's antimonopoly institutions have taken shape. Part III describes Ukraine's antitrust enforcement mechanism and its main enforcement institution, the Antimonopoly Committee (AMC or Committee). It also discusses the development of an effective apparatus for devising and implementing pro-competitive policies and legal standards. Part IV presents the basic Ukrainian antimonopoly statute and describes enforcement under its principal provisions. Part V focuses on antitrust measures and initiatives relating to the restructuring of Ukraine's economy, including the AMC's role in privatization, natural monopoly oversight, and merger control. Part VI contrasts the antitrust policies of Ukraine with those of developed nations in the West and transitional economies in central and eastern Europe.

II. THE UKRAINIAN ECONOMIC AND POLITICAL ENVIRONMENT

Market reforms often are designed to decentralize economic opportunity and commercial decision-making. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Antitrust Policy in Ukraine
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.