ПРО СИСТЕМНИЙ ПІДХІД ДО РОЗРОБКИ ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ОБМЕЖЕННЯ МОНОПОЛІЗМУ

Abstract

One of the top priorities of the state in conducting economic policy should be to limit monopoly in economic activity. After all, monopolies are the main obstacles to competition. Legal support in the field of economy should be directed, as a rule, not against oligarchs or large monopolies in general, but against their monopolistic capture of the market of a certain product, the sale of services. This provision should also solve the problems of monopoly conspiracy, price monopoly, the problem of monopolists absorbing weaker competitors. Legal support for the restriction of monopoly must be systematized, sufficient and internally consistent. The purpose of determining the monopoly (dominant) position of economic entities in the market is to obtain the necessary information to make decisions on the development and protection of economic competition, in particular, demonopolization of the economy, antitrust regulation, control over concerted actions, concentration; control over observance of the legislation on protection of economic competition; protection of the interests of economic entities, groups of economic entities and consumers from its violations. The mechanism of legal support for the restriction of monopoly includes the relevant legal acts that create the so-called regulatory model. An essential component is the definition of legal responsibility for the relevant acts. In addition to the normative model of monopoly restriction, this mechanism should include a model of the process of determining the monopoly position. The mechanism of legal support for the restriction of monopoly should also include organizational and structural means of implementing the above regulatory model. Consideration of these components of the mechanism of legal support for the restriction of monopoly allows them not only to systematize, but also to identify the adequacy of legal regulation of their activities, to link the provisions of relevant regulations in order to increase their consistency and therefore effectiveness.