Grudnytskyy V. Legal protection of business entities from the monopoly (dominant) position abuse

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004373

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

06-07-2015

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations which are related to monopolistic (dominant) abuse of management subjects position at the market. Research purpose: ground of suggestions on perfection of the legal adjusting of defence of management subjects from abuse of subjects of management monopolistic (dominant) position at the market. Research methods: historical retrospective view, sociocultural and valued, institutional, comparatively-legal, statistical, structural-functional analysis. Theoretical and practical value: new scientific positions are grounded and developed suggestion on perfection of the legal adjusting of economic competition in the field of protecting of management subjects from monopolistic or dominant abuse position at the market. Conclusions and suggestions complement the theory of economic right, can be utilized in the legislative process, and also in practical activity of economic courts and organs of the Antimonopoly committee of Ukraine. Research results are inculcated in activity of the Chernigov regional territorial branch of the Antimonopoly committee of Ukraine, Poltava regional territorial branch of the Antimonopoly committee of Ukraine; utilized in the educational process of State higher educational establishment the "Donetsk national technical university" of Department of education and science of Ukraine. Scientific novelty: the economic and legal features of the following key concepts of the antimonopoly and competition law, as commodity market, economic competition and monopoly, have been clarified. The thesis provides definition of a term monopoly or dominant position abuse. Definition of monopoly (dominant) position, as well as collection and analysis of the matter evidence and procedural matter of proceedings on dominant position abuse have been examined. It was ascertained that protection of the business entities interests from monopoly (dominant) position abuse can be divided into two levels. The thesis provides prove of the proposals for improving the legal protection of business entities from the offenses of this type. Scope of use: the subjects of legislative initiative, the subjects of enforcement activities, the business entities; higher educational institutions.

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