World experience of legal provision of control over economic concentrations of economic entities

Abstract

The article examines the legal mechanisms of state control over the processes of economic concentration in the most developed countries of the world.
 A comparison of the legal antimonopoly institutions of the mentioned states was made, and special features of competition legislation, which are inherent in one or another country and their effectiveness in the process of controlling economic concentrations, were revealed.
 It has been established that two types of legal mechanisms for controlling economic concentrations have developed in world practice, namely the American type and the Western European type.
 It was determined that the American competition law prohibits any form of concentration due to the determination of its level by judicial authorities. In its regulations, American legislation contains clear powers of state authorities on concentration issues. The burden of proving the positive effects of the concentration rests entirely on the applicant for the concentration.
 The competition law of European countries is softer. Mergers that significantly restrict competition are prohibited. The concentration takes place only with the permission of the authorities. The exception to this rule is the legislation of Great Britain.
 Features of Japanese legislation are the existence of such concepts as depression and rationalization cartels, in the presence of which concentration is prohibited.
 According to the results of the study, it was concluded that the use of successful foreign legal experience in the field of concentrations, such as increasing financial indicators for granting consent to concentration, introducing a broad interpretation and specifying the powers of antimonopoly authorities, clearly demarcating their competence, adopting a single codified legal act to regulate relations from concentration will lead to positive changes in the sphere of state policy regarding the right regulation of economic concentration in Ukraine.
 Within the framework of this study, an analysis of national and foreign legislation in the field of regulation of economic concentration was carried out.