On 16.11.2015 the Draft Law «On Amendments to Certain Laws of Ukraine regarding the Transparency of the Antimonopoly Committee of Ukraine Operations» (№ 2102 as of 11.02.2015) was submitted for the President of Ukraine signature.
The Draft Law № 2102 suggests the proposals to primary laws regulating the AMCU operations and counteractions with the business entities aimed at public disclosure of the AMCU activities and decisions.
In particular, the AMCU has been obliged to publish the information regarding the decisions on the consideration of the concerted actions cases, i.e., to reveal the title, form of incorporation of the concerted actions’ participants, as well as type and content of these actions. The corresponding decisions should be made public at the official web-site within 10 days upon the adoption.
Moreover, the AMCU from now on should publish at its official web-site (within 30 days) the decisions over the cases regarding:
Herewith, the complete information on the approved decisions shall be subject to disclosure, except the classified information.
It is noteworthy that in comparison with the applicable Law of Ukraine «On Economic Competition Protection» the Draft Law № 2102 does not bind the respondent to publish at his own expense the decisions made by the AMCU authorities.
It is also worth to mention that the Draft Law № 2102 sets out the guarantees for the classified information protection against dissemination. Thus, the entity providing the confidential information requested by the AMCU should indicate which particular data and documents or the parts thereof are classified. The information provider should also justify the non-disclosure status of the information, and submit to the AMCU the non-confidential version of the documents with removed, crossed out, or otherwise modified information, which may harm this provider if being disclosed.
Herewith, the AMCU shall have the right to waive the confidentiality of such information based on the following:
Please pay attention that the publication terms designated by the Draft Law № 2102 contradict with the terms set forth by the Law of Ukraine «On the Excess to Public Information», which binds the authorities to publish such data immediately but not later than 5 working days.
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