The Higher Commercial Court of Ukraine increases importance of complex economic evidence in exploitative conduct cases

Headnote: The rulings of the court of the first instance and the court of appeal upholding the decision of the Territorial Division of the Antimonopoly Committee of Ukraine (the AMC) in the case involving excessive prices allegations were quashed by the Higher Commercial Court of Ukraine (the HCCU) on 30 September 2014. The judgement of the HCCU implies that in circumstances of the case, the lower courts should have allowed an economic expertise sought by Private Enterprise "OKKO-Naftoproduct" (the Company). Refusing to call an expert, they had failed to undertake an exhaustive review of both the AMC's substantive findings of facts and their legal appraisal. Facts of the Case: On 25 December 2013 the AMC found the Company to be in breach of Article 13.2 of the Law on the Protection

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Sergiy Glushchenko, The Higher Commercial Court of Ukraine increases importance of complex economic evidence in exploitative conduct cases, 30 September 2014, e-Competitions September 2014, Art. N° 70601

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