Ukraine Presented Experience of Anti-Cartel Enforcement
OREANDA-NEWS. May 25, 2009. Nikolai Lisitsky, Deputy Head of the Ukrainian Antimonopoly Committee, gave a presentation on improving cartel investigation by the Sub-Group for Improving Cartel Investigation within the framework of the Headquarters for Joint Investigations of the Violations of the Antimonopoly Legislation at the Interstate Council on Antimonopoly Policy (MSAP) at the International Cartel Seminar in St Petersburg, reported the press-centre of FAS Russia.
Deputy Head of the Ukrainian antimonopoly authority also disused Ukrainian experience of anti-cartel enforcement. According to Mr Lisitsky, the number of stopped violations in the form of anticompetitive concerted actions increased from131 in 2007 to 254 in 2008. Majority of them were related to price fixing (25.6% of the total violations in 2008), bid-rigging (11.4%), eliminating from the market (5.9%), and market distribution (1.2%).
The highest fines imposed by the Ukrainian Antimonopoly Committee for such types of violations were from от 300,000 to 1.3 million hryvnas.
According to Mr Lisitsky, violations most frequently were committed on oligopolistic markets: fuel-and-energy complex (light-oil products, liquefied gas), argo-industrial complex (bread and bakery products, services for purchasing milk and meat) and passenger transportation.
Deputy Head of the Ukrainian Antimonopoly Committee specifically emphasized the problems related to discovering bid-rigging collusions. "Investigation practice has shown that there is no single way for revealing collusions. Sometimes it is very difficult to discover and investigate such fraud. Most likely the bidders take efforts to create a veneer of competition when it does not exist" says Mr Lisitsky. Nevertheless, potential ring members must reach an agreement because they cannot agree upon a certain line of conduct without cooperating with each other. "This cooperation (telephone conversations, face-to-face meetings or documents) will certainly leave traces that can direct the investigation", is convinced Mr Lisitsky.
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