Problematic issues of concentration in the form of obtaining the use of a single property complex without the transfer of intellectual property rights

The article examines the problematic issues of concentration in the form of transfer/receipt for use of a single property complex, the structure of which includes intellectual property rights. Its relevance is due to the alignment of national legislation with the legislation of the European Union. On this path, we encounter control measures of the Antimonopoly Committee of Ukraine regarding the conclusion of transactions, the subject of which is the transfer for use of single property complexes. We have a normative definition in antimonopoly legislation of the concept of «single property complex». However, this definition does not reveal the consequences of the transfer for use to another business entity of a single property complex, which includes intellectual property rights. At the same time, they are not transferred to the new business entity. Such legal uncertainty puts business entities in a «disadvantaged» position and leads to the abuse of its discretionary powers by the antimonopoly body. Thus, business entities during the transfer/receipt of a property complex or a complete property complex do not submit an application for obtaining a preliminary permit for concentration (if there are relevant financial indicators), because they do not consider it a single property complex. This is due to the absence of intellectual property rights among the assets transferred for use. At the same time, the Antimonopoly Committee of Ukraine may hold a body responsible for concentration in the form of transfer for use of a single property complex without the necessary prior permission. Applying, at the same time, the definition of a «single property complex» of the antimonopoly legislation without taking into account the «component elements» of a specific single property complex. In this regard, the article describes the features of a single property complex at the legislative and theoretical levels. And explains the consequences of receiving for use a single property complex, which includes intellectual property rights, without transferring the latter. It is clarified that intellectual property rights are part of the property of a business entity in terms of intangible assets, they function on a par with objects of property rights and must be recorded on the balance sheet of the enterprise as intangible assets. Therefore, if only real estate and equipment without existing intellectual property rights are transferred for use, then we can only talk about the transfer of any other object that cannot be considered a single property complex.