Open AccessTHEORY AND PRACTICE OF UNFAIR COMPETITION IN UKRAINE
Author(s) -
Наталія Григорівна Павленко,
Tetiana Chelombitko,
Olena Cherniaieva
Publication year - 2021
Publication title -
ekonomìčnij analìz
Language(s) - English
Resource type - Journals
eISSN - 2219-4649
pISSN - 1993-0259
DOI - 10.35774/econa2021.01.025
Subject(s) - unfair competition , competition (biology) , monopoly , legislation , business , reputation , industrial organization , state (computer science) , competitive advantage , economics , market economy , law and economics , marketing , law , political science , ecology , algorithm , computer science , biology
The article considers the concept of fair and unfair competition from the point of view of different scientists. Concepts and types of measures that contradict trade and other fair business practices are revealed, namely: illegal use of the business reputation of the business entity, creation of obstacles in the competitive process and achievement of illegal competitive advantage and collection, disclosure and use of trade secrets. characteristics of these instructions. The essence of the influence of various factors on the conditions of development of competitive positions in the economy of Ukraine is revealed. The state policy on restriction of monopoly and development of competition as an integral part of internal economic and social policy of the state is considered. An analysis of the dynamics of the main structural competitive conditions in the economy of Ukraine. The number and structure of terminated violations of unfair competition are explained. The main goals and objectives of the Antimonopoly Committee of Ukraine, directions of antimonopoly policy are established. The directions of improvement of activity of bodies of the Antimonopoly committee concerning regulation of consequences of non-price competition in Ukraine are established. It should be noted that one of the methods of protection against unfair competition is to conduct antitrust activities, ie the activities of individual companies (legal entities and individuals) aimed at creating and maintaining a competitive environment, especially competitive relations. The mechanisms of protection against unfair competition provided by the current legislation of Ukraine are stated. The factors influencing the choice of methods to protect the company from unfair competition are identified. The main problems of introduction of the EU competition legislation into the legislation of Ukraine are analyzed. In particular, it is noted that in order to deepen relations with the EU, regulatory norms must be improved in accordance with European standards. In analyzing the rules of competition law, their complexity is highlighted and it is emphasized that the competition law of Ukraine contains rules, categories and institutions of several branches of law governing relations of different content using the rules of substantive and procedural law.