The representatives of Concern Galnaftogaz participated in first Competitive Forum of Ukraine

Chief Legal Officer Oleh Pas'ko and director of law department Roman Syvyi took part in first Competitive Forum of Ukraine, which took place in Kyiv on the 15th-16th of October. Forum took place with the assistance of Antimonopoly Committee of Ukraine.

The issues of perspective of Ukrainian antimonopoly practice development, and also the improvement of understanding and communication between AMCU and business were discussed on the Forum. The AMCU representatives clarified Committee' positions during decision making process to prevent eventual disputed situations with the market representatives and the imposition of penal sanctions. The possibility of an open dialog between AMCU, business representatives and legal advisers specialized in competitive law, for the purpose of discussion of problem aspects of legislation and its appliance practice was also considered.

Oleh Pas'ko participated in the Forum's session «Cartels and monopoly abuse at the economic markets», appearing with a lecture concerning co-operation between AMCU and participants of oil products' market. He noticed that the market of oil products' retail realization in Ukraine is highly competitive today, that is why the cartel agreements at this market are impossible. Oleh Pas'ko also marked an extraordinary great number of requests from AMCU to the market participants about reporting of data, about certain shortages concerning determination of geographical and commodity limits of oil products' retail realization markets and certain cases of unfair competition at them, and for that reason he expressed set of suggestions concerning the centralization of AMCU operation with powerful participants of oil products' retail market and the improvement of methodologic treatment of this market research by AMCU organs.

In his speech Roman Syvyi brought into Forum participants' view the problem of differentiation of anticompetitive concerted action and parallel conduct at the oil products' retail realization market. In his opinion, the specificity of this market is a maximal openness and publicity of its prices. Consequently, if retailers have been setting prices at the same level even with one hour difference – such conduct can not be interpreted as preliminary concerted one, because it could be the result of normal reaction of market participants on each other doings. Such conduct is parallel, but not concerted. And there should not be attachment for it. Roman Syvyi also formulated reflections concerning the improvement of appliance practice of Law of Ukraine «On economic competition protection» (part 3 of article 6), which establishes responsibility for so-called «similar actions» (particularly at the oil products' market) by AMCU organs.

The presence of an acting AMCU Chairman Oleksandr Mel'nychenko and other employees of AMCU central office on the Forum, their active participation in discussions and desire to produce a common ground in competitive legislation appliance confirmed once again the reputation of AMCU as a public organ which intends to co-operate transparently and predictably with market participants for the promotion of economic development of Ukraine.