INSTRUMENTAL MECHANISM OF FORMATION AND IMPLEMENTATION OF THE STATE’S COMPETITIVE POLICY

Abstract

The article is devoted to the consideration of the essence of competition policy through the definition of its directions, functional purpose and instrumental support. The author identified the need for the relationship of competition policy with other areas of state economic policy. The author determines that the main directions of state competition policy should be not only protecting economic competition, but also encouraging the creation of a competitive environment by creating an attractive investment climate, especially for a foreign investor, developing market infrastructure, supporting innovation, and increasing the competitiveness of the national economy. The effectiveness of competition policy in Ukraine can be achieved only with the use of effective implementation tools, through the definition of clear goals and objectives that will be implemented by anti-monopoly authorities. Directions of antitrust policy may have prohibitions and preventive norms. The legislation provides for certain prohibitions (abuse of a monopoly position, anticompetitive concerted actions of business entities, etc.) and preventive mechanisms providing for permittingprocedures (obtaining permission forconcentration and concerted actions of business entities while observing the standardsestablished by law). The application of competition law in essence requires a daily choice between a ban and a permit. In this case, thepermit may be due to the absence of restrictions on competition, or the lack of awareness of entities in the need to obtain one or anotherpermit, which leads to competitive offenses on the part of economic entities. An important point is the need to develop and implement forms of competitive policy implementation through the adoption ofdevelopment concepts and programs, taking into account the differentiated approach of means to ensure and protect economic competitiondepending on the competitive internal structure of markets, the pressure of external competitors, market entry barriers and theavailability of domestic investment resources.