The thesis is devoted to the study of the formation and development of legislation on economic competition both in Ukraine and other countries. It is noted that the main function of the state today is to create a competitive environment, as well as conditions for satisfying the interests of all market entities and achieving their own goals within the framework of economic relations arising in the market economy system, since its competitive nature is considered to be one of the characteristics of a productive market economy . It was stated that when developing the state’s competition policy, one should take into account both the influence of globalization processes, erase the autonomy of national markets, and the fundamental difference between the processes occurring in various individual markets within the national one.
The content and forms of market relations under the influence of internal and external factors are constantly being modified. Therefore, there must be updated legal conceptual and applied approaches to modernizing legislation in order to maintain it in the most efficient state, that is, it is worth reviewing, in particular, the criteria for economic concentration, the parameters for determining the monopoly position of business entities, mechanisms for protecting the national commodity producer, and the like.
It is proved that in modern conditions, when new markets for goods and services are opening up quite dynamically, which, in particular, is associated with the transition to new technological structures, the prognostic aspect is of particular importance in the system of legal support of economic competition, which, in turn, should contribute to implementation of the regulatory dynamic function of law. Given this study of the special requirements for state policy in the field of economic competition is a very topical issue.
Attention is drawn to the fact that today in one normative legal act the rules and principles of positive competition are not defined, that is, they did not receive a direct dispositive statement in the legislation, which, sadly, was built casuistically, mainly in the law enforcement context, since it focuses primarily on the list of offenses and measures of responsibility for their commission. However, even in such a situation, the issue of instrumental perfection the formation of the relevant elements of competitive offenses from the point of view of the legislative technique for their presentation, is too much to comment on,because the diffusion and vagueness have the result of decreasing the effectiveness of the requirements of competition.
It is substantiated that, despite the almost thirty-year history of the development of competition legislation in Ukraine and the current system of antitrust authorities of the state, the level of competitiveness of economic activity in the national economy remains low, and the implementation of competition policy is ineffective. It has been proved that any modernization, and especially reform, of the system of legislative support of economic competition and modernization of the requirements of certain acts require, first of all, conceptual clarity regarding the phenomenology of economic competition itself in the context of forecasting the directions of its transformation and development, setting clear functional tasks for viewing the nature and content of legal regulation in this area.
It has been stated that in today's conditions, to find effective mechanisms for implementing competition policy, conceptually new approaches should be used, the degree of market openness should be taken into account, and the unified regulation of competitive relations taken across the entire national market is problematic and requires substantive consideration. from the position of specialization in individual segments of the markets for goods and services.
