Institutional Provision of the Competition Regulation Mechanism in Ukraine’s Economy

Анотація

The article studies the institutional prerequisites and practical mechanisms for implementing Ukraine's antimonopoly policy in the context of the transformation of the national economy and the deepening of European integration processes. A retrospective analysis of the system of competition and antimonopoly regulation in Ukraine is carried out - from the initial stage of demonopolization of economic structures in the 1990s to the current period of European integration transformations. Particular attention is paid to the analysis of the formation of the legal framework, in particular the Laws of Ukraine "On Restricting Monopoly and Preventing Unfair Competition" (1992), "On Protection of Economic Competition" (2001), which determined the basic principles of the functioning of the competitive environment. The key role of the Antimonopoly Committee of Ukraine as a specialized state body designed to ensure a balance between freedom of entrepreneurial activity and protection of consumer interests from abuse of market power is emphasized. It is concluded that legislative innovations in recent years, in particular the adoption in 2023 of the law on improving the activities of the AMCU, are aimed at increasing the transparency, accountability and effectiveness of the antitrust regulatory mechanism by improving case review procedures , information and access to databases, as well as streamlining liability mechanisms and merger procedures. The assessment of the system of iinstitutional provision for the competition regulation system was also carried out through the prism of the regulatory definition of the main subjects and objects of such regulation. First of all, it concerns the methodology for determining the dominant position of market agents, which provides the possibility of abuse of monopoly power for a more objective delineation of market boundaries, as well as regulation of the activities of economic entities operating in natural monopoly markets in the context of forming an optimal balance between state control, economic efficiency and consumer protection. Particular attention is paid to anti-competitive concerted actions and processes of economic concentration as a result of takeovers and mergers of firms as key objects of the antitrust toolkit. The need for further improvement of antitrust regulation in Ukraine is substantiated based on the principles of legal certainty, transparency, institutional independence of the Antimonopoly Committee, and digital openness of control processes. Attention is focused on the importance of harmonizing national legislation with EU standards and implementing best international practices in the field of competition policy in order to increase the effectiveness of antitrust regulation of the domestic economy and accelerate and integrate Ukraine into the single European market. Keywords: competition policy, iinstitutional provision, antimonopoly regulation, monopolized market, anticompetitive concerted actions, unfair competition, monopoly position, Antimonopoly Committee of Ukraine.

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