|Article title||Legal Provision of Protection Against Unfair Competition|
Doctor of Science of Law, Professor, Senior Researcher The Academician F. H. Burchak Scientific-Research Institute of Private Law and Entrepreneurship of National Academy of Law Sciences of Ukraine (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-1092-0914
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
Fair competition is the means of balancing between individual interests of manufacturers in terms of their profit and state interests as for implementation of commercial and social projects by business entities; interests of manufacturers and consumers regarding better conditions for purchase and sale of goods; interests of the country, receiving profits from effective use of state property, obtaining revenues from taxes and fees, implementing social function of redistribution of super-profits from unfair competitors in favor of consumers (reduction of tariffs, benefits to certain categories of consumers, etc.), meeting consumer needs, protecting interests of socially unprotected layers of the population.
Investigating the issues of economic competition legal regulation, we found that in none of the studies scientists tried to define the concept and content of fair competition, although each of them pointed out on the need to provide conditions for its development and protection. Thus, for most researchers, fair competition serves as a certain ideal or goal of legal regulation, but without any certain objective form of its implementation. Judicial and administrative practice of terminating the facts of unfair competition in economic activity is based on a similar position, although the decisions of the Antimonopoly Committee of Ukraine and the Court differ sometimes.
The concept of unfair competition in the legislation of Ukraine is defined as a general delict borrowed from the German competition legislation. Having taken this into account, for many years both antitrust authorities and courts tried to limit the notion of unfair competition by objective factors and to clarify its definition by referring to certain forms of unfair competition, which are recognized as unfair competition among some other ones. For twenty years, the flagship of legal protection against unfair competition was the Antimonopoly Committee of Ukraine, which promoted the ideas of pro-competitive consciousness through competition advocacy mechanisms. Through the last few years, the leading role in ensuring an effective mechanism for protection against unfair competition has belonged to the courts, in particular the Chamber of Commerce of the Supreme Court of Ukraine.
|Keywords||Antimonopoly Committee; fair competition; unfair competition; Chamber of Commerce of the Supreme Court of Ukraine; protection against unfair competition|
1. Androshchuk H, Bondariev T, Ivanytska N, Shkliar S, Naukovo-praktychnyi komentar do Zakonu Ukrainy “Pro zakhyst vid nedobrosovisnoi konkurentsii”: naukovo-praktychne vydannia (Iurydychna hazeta 2013) (in Ukrainian).
2. Eremenko V, Zakonodatel’stvo o presechenii nedobrosovestnoj konkurencii kapitalisticheskih stran (VINITI 1991) (in Russian).
3. Bakalinska O, ‘Udoskonalennia zakonodavchoho zakhystu vid nedobrosovisnoi konkurentsii: novyi krok do yevropeiskoho ekonomichnoho prostoru’ (2009) 2 Konkurentsiia. Visnyk AMK Ukrainy 29–34 (in Ukrainian).
4. Korchak N, ‘Zahalni polozhennia derzhavnoho zakhystu konkurentsii u pidpryiemnytskii diialnosti’ (2001) 2 Pidpryiemnytstvo, hospodarstvo i pravo 8 (in Ukrainian).
5. Koval’ I, ‘Nepravomernoe ispol’zovanie delovoj reputacii sub’ekta hozjajstvovanija kak forma nedobrosovestnoj konkurencii’ (2002) 10 Pіdpriєmnictvo, gospodarstvo і pravo 25 (in Russian).
6. Bakalinska O, ‘Zakhyst ekonomichnoi konkurentsii: orhanizatsiino-pravovi zasady derzhavnoho upravlinnia’ (dys kand yuryd nauk, 2003) (in Ukrainian).
7. Parashhuk S, ‘Nedobrosovestnaja konkurencija: soderzhanie i pravovye sredstva ee presechenija’ (dis kand jurid nauk, 1995) (in Russian).
8. Sliadnieva H, ‘Pravo sub’iekta hospodariuvannia na komertsiinu taiemnytsiu ta yoho zakhyst’ (dys kand yuryd nauk, 2004) (in Ukrainian).
9. Tobota Yu, ‘Pryntsyp spravedlyvosti, dobrosovisnosti i rozumnosti v tsyvilnomu pravi’ (dys kand yuryd nauk, 2011) (in Ukrainian).