Актуальні тенденції розвитку вітчизняного правового регулювання домінування на ринку у світлі євроінтеграційних процесів

The article is devoted to the study of the main domestic legislative initiatives aimed at improving the legal regulation of market dominance, taking into account the European Union acquis. The article reflects the main aspects of the second stage of the reform of the legislation on the protection of economic competition, which in particular concerns amendments to the substantive norms of law, the subject of regulation of which is the dominance of undetakings in the market. Attention is also paid to other acts of the Antimonopoly Committee of Ukraine, which are currently in the process of development and are aimed at improving approaches to determining the relevant market in certain areas. It has been established that the proposed changes are aimed only at consolidating at the level of the Law of Ukraine “On the Protection of Economic Competition” the formulations of examples of abuses contained in Article 102 of the Treaty on the Functioning of the European Union. At the same time, the potential impact of these changes on the law enforcement practice of the Antimonopoly Committee of Ukraine is outlined, and the relevance of the changes to Article 13 of the Law of Ukraine “On Protection of Economic Competition” is substantiated through the prism of domestic practice regarding proving abuse of monopoly (dominant) position in the market by undertaking in terms of qualifications, which are given in Article 13 of the Law “On Protection of Economic Competition”. The author also pays attention to the issues of implementing the provisions of the European Union legislation regarding structural and behavioral remedies, as well as periodic penalty payments for their non-fulfilment after the expiration of the term, through their enshrining in the laws of Ukraine “On the Antimonopoly Committee of Ukraine” and “On Protection of Economic Competition”. In addition, the article reflects the main trends in the European Commission’s approaches to the market dominance thresholds. The author emphasises the need for further reforms in the context of Article 12 of the Law of Ukraine ‘On Protection of Economic Competition’ through the prism of the European Commission’s law enforcement practice reflected in both existing EU soft law acts and those under development.