Abstract
The chapter examines the EU’s sharing principles and values of fair competition within international agreements. Due to the process of glоbalization and liberalization of trade, EU-Ukraine, EU-Moldova, EU-Georgia bilateral economic relations are based currently on the Deep and Comprehensive Free Trade Areas (DCFTAs). These preferential trade relations are matured in fair undistorted spirit. These DCFTAs are one of the most ambitious bilateral agreements that the EU has ever negotiated with a trading partner. We are focusing on comparison analysis specific ‘competition clauses’ in these Association Agreements. Within this category, the competition chapters are nevertheless very diverse. Domestic Ukrainian, Moldavian, and Georgian competition rules are developed under the European impact. The provisions on competition rules include some important differences as the Moldova and Georgia DCFTAs are less ambitious than the Ukraine DCFTA. The chapter consists of analysis of legislative enforcement and judicial practice within the implementation of competition rules in Moldova, Georgia, and Ukraine.
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Notes
- 1.
Press release ‘Enforcing EU competition law: Principles, strategy and objectives’ dated 15 September 2017 http://ec.europa.eu/competition/speeches/text/sp2017_11_en.pdf.
- 2.
See in details: European Commission, The EU’s Association Agreements with Georgia, the Republic of Moldova and Ukraine, Brussels, 23 Jun. 2014, MEMO/14/430.
- 3.
Demedts (2015).
- 4.
Van der Loo (2016).
- 5.
- 6.
See, Blazo (2010).
- 7.
See in details: Jain (2012).
- 8.
Now Articles 101–109 TFEU; Protocol 27 on the internal market and competition.
- 9.
For detailed summary, see Smyrnova (2013).
- 10.
Art. 203–209 EU-Georgia DCFTA.
- 11.
Art. 209 EU-Georgia DCFTA.
- 12.
Art. 333–344 EU-Moldova DCFTA.
- 13.
Art. 337 EU-Moldova DCFTA.
- 14.
See, for example, Regulation on de minimis aid Approved by the Decision of the Plenum of the Competition Council of Moldova No 2 of August 30, 2013 https://competition.md/public/files/uploads/files/Regulamente/Ajutor_de_stat/eng/REGULATION%20on%20de%20minimis%20aid.pdf.
- 15.
See, Voluntary Peer Review of Competition Law and Policy: Ukraine Overview, UNCTAD, 2013 // http://unctad.org/en/PublicationsLibrary/ditcclp2013d3_overview_en.pdf.
- 16.
Smyrnova (2014).
- 17.
The Partnership and Cooperation Agreement between the EU and its Member States and Ukraine was concluded in 1994 and entered into force in March 1998. The PCA formed the legal basis of EU-Ukraine relations, providing for cooperation in a wide range of areas. It was concluded for a term of ten years, but Art. 101 PCA provided the process of its automatic prolongation in case of denunciation notice absence.
- 18.
Association Agreement between the European Union and its Member States, of the one part, and Ukraine of the other part (O.J., 2014, L 161).
- 19.
Article 9 of the Ukrainian Constitution of 1996 provides that: “International treaties in force, consented by the Verkhovna Rada of Ukraine [Ukrainian Parliament] as binding, shall be an integral part of the national legislation of Ukraine. Conclusion of international treaties, contravening the Constitution of Ukraine, shall be possible only after introducing relevant amendments to the Constitution of Ukraine”.
- 20.
Law of Ukraine “On ratification of Protocol of Ukraine’s accession to the WTO” dated 10.04.2008 No 250-VI (Verhovna Rada Bulletin, 2008, № 23, P. 213).
- 21.
Law of Ukraine “On ratification of Free Trade Agreement between Ukraine and Member States of EFTA” dated 07.12.2011 No 4091-VI (Official Journal of Ukraine, 13.01.2012, № 1, P. 9).
- 22.
Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (O.J. L 161 29.5.2014. P.3-213).
- 23.
Art. 253–267 EU-Ukraine DCFTA.
- 24.
Article 254 AA.
- 25.
Art. 259(2) EU-Ukraine DCFTA.
- 26.
See Smyrnova (2014), pp. 263–278.
- 27.
For more information http://www.amc.gov.ua/amku/control/main/uk/publish/article/120893 (only in Ukrainian).
- 28.
For more current information of state aid rules enforcement in Ukraine, see Smyrnova and Szyszczak (2020). Specifically, the article identifies the challenges already faced by the AMCU and the potential for improving the system of state aid control in Ukraine.
- 29.
Case No. 640/65/19 Administrative Procedure No. K/9901/30620/19 of 31 March 2020 (www.court.gov.ua—only in Ukrainian).
References
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Acknowledgements
This chapter was prepared with the support of the Erasmus+ Programme in the framework of the Jean Monnet Centre of Excellence Project № 611625-EPP-1-2019-1-UA-EPPJMO-CoE “Advancing European Studies in Ukraine: Interdisciplinary Approach”. The European Commission’s support for the production of this publication does not constitute an endorsement of the contents, which reflect the views only of the author, and the Commission cannot be held responsible for any use that may be made of the information contained therein.
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Smyrnova, K. (2021). Europeanization of Competition Law: Principles and Values of Fair Competition in Free Market Economy in the EU and Association Agreements with Ukraine, Moldova, and Georgia. In: Lorenzmeier, S., Petrov, R., Vedder, C. (eds) EU External Relations Law. Springer, Cham. https://doi.org/10.1007/978-3-030-62859-8_10
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