Ukrainian Legislation on Competition in the Scope of Convergence with EU Competition Law

Abstract

The paper is devoted to the study of national competition legislation of Ukraine in the scope of its convergence with EU Competition Law. The aims of the paper are (1) determination of named convergence between national legislation and EU Competition Law, (2) study of drivers of further adaptation of national competition legislation to the EU Law and (3) study of main legal constructions under the EU Competition Law as base line of transformation of Ukrainian competition legislation. In particular, the author studies means of adaptation of relevant legislation to EU Competition Law, common origins of national competition legislation and main legal constructions, used in national competition legislation (anticompetitive behavior, state subsidies etc.). It is stated, that due to adaptation process it had been done a series of steps, in particular, enactment of legislation towards unification matters of national competition legislation of Ukraine and EU Competition Law. The author noted that the one of the adaptation forms in relevant range is direct implementation of specified legal rules of EU Competition Law under the current legislation of Ukraine. In these circumstances rules aimed at implementation are specified under the Association Agreement between Ukraine and UE. The offered approach, even in the light of its efficiency, takes some legal risks. In particular, named risks arise from cases of laps of acts, which are aimed at implementation under the named Agreement. The author studies the most problematic spheres of national legislation adaptation to the EU Competition Law, in particular state subsidies and application practices of competition rules by relevant authorities (Antimonopoly Committee of Ukraine). The author noted not only the importance of EU Competition Law implementation, but also adjustment of national law of Ukraine with application practices of relevant rules under the EU Competition Law. Special attention of the author is devoted to existence of sufficient quantities of evaluation notions, which accept wide limits discretion for any state institution, which could appreciate relevant provisions. The author concluded, that existence of evaluation notions themselves do not necessarily mean some imperfections or lack of development degree of relevant legislation because of back up possibility provided by unsuitable definitions or heavily regulation. It is stated that sufficient quantities of evaluation notions shall not result in legal regulation as potential negative consequences shall be resolved under the correction of law application practices.