Regarding the issue of improvement of legislative regulation of unfair advertising of drugs

Abstract

The article considers the issue of unfair competition in the field of drug advertising in Ukraine. The relevance of the chosen topic is proven, which is based not only on the problem of the availability and distribution of various drugs, but also on the emergence and spread of the acute respiratory disease COVID-19, which created demand for certain categories of drugs, which, in turn, are increasingly in violation of the rules of fair competition. The normative regulations are characterized and the separate provisions of the current legislation concerning unfair competition are analyzed. In particular, the concept of unfair competition is defined as any action in competition that contradicts trade and other fair practices in economic activity. The role of the Antimonopoly Committee in helping to solve the problem of unfair competition by creating the latest explanatory notes and monitoring the implementation of state control over compliance with fair competition in the field of advertising of medicines and medical services Particular attention is paid to the study of practical problems that arise in the field of drug advertising in Ukraine. It is noted that such actions as emphasis on unconfirmed rapid action, exaggeration of the properties of the drug, and indication of uncertain and vague characteristics of the quality of the drug and its price are violations and constitute illegal dissemination of information in advertising. The judicial practice of Ukraine on resolving disputes on issues of unfair competition in the field of advertising of medicines is analyzed. It is determined that courts do not always agree with the decisions of the Antimonopoly Committee and invalidate the decisions of the Antimonopoly Committee of Ukraine, as in some cases it is impossible to establish violations through the abstract text of advertising without specifying specific facts. Some of the circumstances of the case remain unproven and unsubstantiated by appropriate and admissible evidence. Practical recommendations for solving the problem in the field of unfair competition of medicines are offered. Among them are: standardization of advertising of medicines; creation of an effective mechanism for monitoring compliance with the rules of prescription drugs and liability for its violation; strict control over the content of advertising of drugs, which provides for the complete exclusion of duplicate text, abstract wording, misleading consumers, using unconfirmed statistics, etc.