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AMCU likely to acknowledge requirement to serve state enterprises in state banks as anticompetitive


The requirement of the Ministry of Industrial Policy of Ukraine to transfer the state enterprises under its control to servicing by state banks has signs of the competition violation. Therefore, the Antimonopoly Committee of Ukraine (the AMCU) is likely to decide against the Ministry, Senior Partner of Volkov Koziakov & Partners Sergii Koziakov believes.
"Actually, in interpretation of the Law of Ukraine “On protection of economic competition” such Ministry’s requirements could be acknowledged “anticompetitive actions of government bodies," Mr. Koziakov informed to Interfax-Ukraine, commenting on the Ministry’s relevant order released on its website.
According to Mr. Koziakov, as defined in the Law “such actions include: taking any acts (decisions, orders, instructions, regulations, etc.), issuing written, oral directions, entering agreements, or any other acts or omissions by bodies of power, bodies of local self-government, administrative self-control bodies and bodies of administrative management and control (a collegial body or an official), which have led or may lead to denial, elimination or distortion of competition”.
"The order stipulates the transfer of accounts to Ukreximbank and Oschadbank. These banks may benefit the thing that is defined by the Law as "favour of unlawful advantages in competition". In other words, as Mr. Koziakov explained, this is the case when a bank attracts clients as a result of unfair competition and, moreover, under the order issued by the government body.
In addition, according to him, the situation arises when state enterprises cannot be serviced by other banks offering, perhaps, rather better conditions of servicing.
"Analysis of AMCU decision practice gives some cause for hope that in such situation the committee, most likely, will take a decision against the Ministry of Industrial Policy,” Mr. Koziakov said.
Reportedly, the Ministry of Industrial Policy in an order No. 160 of March 30, 2010 demanded that state enterprises belonging to its administration area to move to servicing by the state banks until April 30, 2010.
The Association of Ukrainian Credit-Bank Union (KBS) applied to the AMCU with a request for rapid measures to stop anticompetitive actions of bodies of power allowed for by the Ministry’s order.
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