Administrative and legal principles of anti-monopoly regulation on the cement market

Анотація

The paper carries out a comprehensive study of the administrative and legal principles of antitrust regulation in the cement market as a strategically important segment of the national economy, taking into account its structural features, high level of concentration of production and importance for the functioning of the construction industry. The specifics of the cement industry are high capital intensity of production, limited number of full-cycle manufacturing plants, limited raw material base, significant logistics costs and regional concentration, which creates increased risks of monopolization and coordinated anti-competitive behavior of business entities, which leads to abuse of monopoly position and restriction of entry for new participants. In this regard, the effectiveness of administrative and legal support for economic competition is of particular importance in the context of European economic integration and the state of war in Ukraine, and requires systematic and effective administrative and legal regulation and influence. In the process of analyzing the regulatory framework in the field of economic competition protection, in particular, legislation on concentration control, prevention of abuse of dominant position and counteraction to anti-competitive concerted actions. Special attention is paid to the powers of the Antimonopoly Committee of Ukraine as a central executive body with a special status, as well as administrative procedures for considering cases of violation of competition law. Key problems of law enforcement practice are identified, including the complexity of proving cartel collusion, imperfect methods for determining the boundaries of the product market, the duration of investigations and the limitations of preventive instruments of influence. The feasibility of harmonizing national legislation with the legislation of the European Union, the introduction of modern economic methods of concentration analysis and strengthening the institutional capacity of antimonopoly control bodies is substantiated. Proposals have been formulated to improve the administrative and legal regulation of the cement market, aimed at ensuring a balance between the interests of the state, producers and consumers, reducing the level of market concentration and creating predictable conditions for the development of fair competition. The results obtained can be used in regulatory activities, law enforcement practice and further scientific research in the field of competition law.

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